Exploring Oral vs Documentary Evidence The session begins with a warm welcome to participants and an introduction of the speaker, Justice Devious. The focus is on understanding how oral evidence can be excluded when documentary evidence exists, particularly in relation to Section 112 of the Indian Evidence Act.
Understanding Legal Foundations Justice Devious emphasizes the importance of grasping legal principles behind commonly used sections without fully understanding their origins. He praises Sir James Stephen for crafting one of India's most significant pieces of legislation—the Indian Evidence Act—and highlights its intricate relationship with contract law.
Best Evidence Rule Explained Sections 91 and 92 are introduced as key components that establish rules regarding best evidence. Primary evidence must come from original documents unless exceptions apply; this ensures integrity in contractual agreements by prioritizing written terms over memory or testimony.
Documentary Terms Must Prevail Section 91 specifies that once a document's terms have been formalized into writing, no other form can prove those terms except through primary documentation itself—this includes contracts requiring specific formats like sale deeds or leases under law.
Distinguishing Document Types 'Terms' versus 'recitals' within documents are clarified: only actual agreed-upon conditions may be proven via original texts while ancillary details might allow some leeway for oral testimonies if not explicitly included but still relevant to context.
Public Officer Exceptions Defined Exceptions exist where certain facts surrounding public officers do not require strict adherence to proving appointment orders due to presumption about official acts being performed correctly—a practical consideration acknowledged by courts.
'Proviso One': Validity Factors Explored. 'Proviso One' allows proof against invalidating factors such as fraud or misrepresentation even after documenting agreements; it recognizes situations where entire transactions could collapse based on underlying issues beyond mere wording discrepancies.
'Subsequent Agreements Clarified' 'Subsequent Agreements', outlined in Provisos Three and Four, permit introducing new verbal arrangements post-documentation provided they don't contradict existing written content—important for clarifying obligations tied directly back into earlier commitments made between parties involved