Exclusion of Oral by Documentary Evidence

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CHAPTER-1 INTRODUCTION AND RESEARCH METHODOLOGY 1.1 INTRODUCTION: It is a cardinal rule of evidence, not one of the technicalites but of substance that were written documents exist they shall be produced as being the best evidence of their own contents. It is after the document has been produced to prove its terms under Section 91 that the provisions of Section 92 come into operation for the purpose of contradicting, varying, adding to or subtracting from its terms. However, Sections 91 and 92 does not come into picture at all while considering a particular trade practice set out in an agreement has or may have the effect of preventing, distorting or restricting competition so as to constitute a ‘restrictive trade practice’. It is the actual or probable effect of the trade practice has to be judged in the light of the various considerations and there is no question of contradicting, varying, adding to or subtracting from the terms of agreement by admitting any extraneous evidence. 1.2 NATURE AND SCOPE OF STUDY: The nature of my study is Doctrinal Research i.e. along with referring Authorities, Bare Acts and case laws. I (researcher) have also referred to different sources of information such as internet, articles, journal report and newspapers. The scope of my study is only limited to Indian Evidence Act, 1872. 1.3 OBJECTIVES OF THE STUDY: i. To understand the concept of exclusion of oral by documentary evidence and to analyze the same. ii. To analyze the different provisions and authorities related to the topic. 1.4 HYPOTHESIS: Oral proof cannot be substituted in the place of written documents where the written document exists in proof of certain transactions referred to in Sectin 91 as written testimony is of higher grade, more certain and more reliable than oral evidence. 1.5 METHODOLOGY: The present research study is

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