Team  SoOLEGAL

Supreme Court: Proviso to Section 92 & 95 of Indian Evidence Act applicable only when terms of document leave the question in doubt

Team SoOLEGAL 17 May 2021 3:24pm

Supreme Court: Proviso to Section 92 & 95 of Indian Evidence Act applicable only when terms of document leave the question in doubt

Supreme Court while hearing a case, Mangala Waman Kaeandikar (D) TR. LRS. Vs. Prakash Damodar Ranade , had held that, when the terms of the contract are plain and straightforward, there is no need to look into extrinsic facts, as doing so would only vitiate the legal understanding. The bench had ruled that proviso 6 of Section 92 of the Evidence Act does not apply if a document is clear and unambiguous in its context. The current case emerged from an agreement between the Appellant and the Respondent. Before the appellant's husband died, he ran a company under the name "Karandikar Brothers," and after his death, the appellant ran the business.

When she was unable to do so after some time, she delegated responsibility to the respondent. They later entered into a deal that was periodically extended. In the year 1980, she presented the respondent with a notice to vacate the premises by 31st January, 1981. The respondent had argued that the contract was a strict lease agreement. Dissatisfied, the appellant filed a civil suit before the Joint Civil Judge. The Trial Court had ruled in favour of the appellant and directed the respondent to hand over the property to the appellant. The respondent had appealed to the Bombay High Court and the Court had held that the respondent entered into a license agreement under section 15A of the Bombay Rent Act. Being aggrieved by the order of the High Court, appellant had further appeal to the Supreme Court.

The Supreme Court had held that, when there is any ambiguity in the contract then proviso 6 of Section 92 of the Evidence Act can be applied, but if there is no ambiguity in the contract or the contract gives a clear meaning then the proviso does not apply.



Tagged: Supreme Court   Indian Evidence Act   Karandikar Brothers   lease agreement   Bombay High Court   High Court   Bombay Rent Act  
Did you find this write up useful? YES 2 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.