S
Sahaj Vidhi
Delhi APO 2005

Which of the following observations is correct? (A) Section 91 and 92 of the Indian Evidence Act may not be abrogated by special law (B) Where section 91 does not apply section 92 also does not apply (C) The law of estoppel does ot override sections 91 to 94 of the Indian Evidence Act (D) Section 91 and 92 apply even if there is no completed and binding contract

Verified Answer
A. Section 91 and 92 of the Indian Evidence Act may not be abrogated by special law
B. Where section 91 does not apply section 92 also does not apply
C. The law of estoppel does ot override sections 91 to 94 of the Indian Evidence Act
D. Section 91 and 92 apply even if there is no completed and binding contract

Explanation:

Section 91 lays down the rule that the document itself is the primary evidence of its terms. Section 92 then builds upon this by excluding oral evidence to contradict, vary, add to, or subtract from those terms once they have been proved by the document under Section 91. Therefore, if Section 91 does not apply (e.g., because the terms were not reduced to a document, or the document is not the sole repository of the terms), then Section 92, which deals with varying those terms, also does not apply.