either upon the face of the record or be shown by extrinsic evidence that the precise question was raised and determined in the former suit ... open to a new contention unless this uncertainty be removed by extrinsic evidence showing the precise point involved and determined. To apply the judgment
unravelling the true intention of the parties and letting in of extrinsic evidence as to acts, conducts, attendant surrounding circumstances is permissible in law under ... Indian Evidence Act, 1872 deals with 'exclusion of evidence of oral agreement'. Indeed, Section 91 of the Indian Evidence Act, 1872 specifies that
which the authority is given viewed in the light of such extrinsic evidence as would be admissible if the question for consideration were the construction ... from the succession would be admissible extrinsic evidence as evidence of an attendant circumstance. Evidence that the first adopted son lived for 36 years
Does it make any difference then that it is by extrinsic evidence that it is proved that the devisee is only intended ... beneficial interest is created by the will when such extrinsic evidence is permitted bylaw? Section 81 of the Trusts Act runs thus - "Where
that where the language of a document is plain and unambiguous, extrinsic evidence cannot be received to explain or control its terms. Dealing with ... words; but this did not prevent the Court from excluding extrinsic evidence.
7. Lord Halsbury observed: "No amount of acting by the parties
with matters not allotted to him, he commits a jurisdictional error. Extrinsic evidence is admissible in such cases because the dispute is not something which ... award can, in such cases, be resolved by admitting extrinsic evidence. The rationale of this rule is that the nature of the dispute is something
that where the language of a document is plain and unambiguous, extrinsic evidence cannot be received to explain or control its terms. Dealing with ... words; but this did not prevent the Court from excluding extrinsic evidence.
7. Lord Halsbury observed:
No amount of acting by the parties can alter
attesting witness. Observing that the witness had intended to attest and extrinsic evidence on such issue is receivable, the Supreme Court has held as under ... giving evidence. A Will is to prove what is loosely called as primary evidence, except where proof is permitted by leading secondary evidence. Unlike other
Chettinad International Coal Terminal vs Kamarajar Port Limited
Author: M.Sundar
Bench: Indira Banerjee , M
with matters not allotted to him, he commits a jurisdictional error. Extrinsic evidence is admissible in such cases because the dispute is not something which ... award can, in such cases, be resolved by admitting extrinsic evidence. The rationale of this rule is that the nature of the dispute is something
