question that arises for
consideration is as to whether any parol evidence
can be let in to substantiate subsequent oral
arrangement rescinding or modifying ... property is
by law required to be in writing.
(iii) No parol evidence can be let in to
substantiate any subsequent oral
arrangement which
documentary evidence. It is well settled
law that documentary evidence prevails over the oral
/ 30 / O.S.No.5169/2014
evidence. That, Sections ... rescinding the said contract or disposition can
be substantiated by parol evidence and such
evidence is admissible. Thus if a party
representative in interest is not entitled to adduce contrary
extrinsic parole evidence. Under the provisions of Section 91
the Indian Evidence Act, 1872 where ... submitted, the respondent should not
have been permitted to lead parole evidence in
support of the contention.
xxx xxx xxx
It is clear
parties. That evidence has, therefore, been regarded as circumstantial by the Trial Court. All other evidence that has been considered is parole evidence of witnesses ... confined to those cases where the findings are based entirely on parole evidence, without there being any documentary evidence, bearing on the case/ issues
parole evidence, contrary to the admittedly made signatures by him, rather on
the contract of sale, as the above oral evidence, or parole evidence
evidence, applicable not merely to
solemn writings of the sort named but to others known
some times as the "best evidence rule ... origin, entitled to a much higher degree of credit than
parol evidence. It is of policy because it would be attended
with great mischief
parties, to be the repositories and memorials of truth, any
other evidence is excluded from being used either as a substitute for such
instruments ... origin, entitled to a much higher degree of credit than
parol evidence. It is of policy because it would be attended with great
mischief
attention of the Court to the finding recorded on re-
appreciation of evidence at para 24 of the appellate Court's
judgment ... subsequent oral argument to rescind or modify any earlier
contract, no parol evidence can be let in to substantiate any
subsequent oral arrangement which
figure of Rs.200/- per day, there is no dependable evidence to prove the fact. There is a pay certificate dated 05.03.2014, bearing paper ... contract basis. These are facts that cannot be proved by parole evidence alone. In the circumstances, the Tribunal, in assessing the deceased's income
stock transfer agreement is unambiguous
and there is no need for parol evidence, as the motion court found, issues
of fact exist
