Evidence Act

Roll No.
66
Patent and latent ambiguity in document: a study under Indian evidence act
Evidence Law
Supervised by:
Submitted By:
Mr. Sandeep Singh Rajput
Prabhpreet Singh
Assistant Professor
Semester-VIII Sec- B
Faculty
University Five Year Law College

University of Rajasthan, Jaipur
April, 2016
Certificate
Indian Evidence Act
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Mr. Sandeep Rajput
Date: 30 April, 2016
Faculty
University Five Year Law College
This is to certify that Mr. Prabhpreet Singh student of 8th Semester of University Five Year Law
College, University of Rajasthan has carried out the project entitled Patent and latent
ambiguity in document: a study under Indian evidence act under my supervision and
guidance. It is an investigation report of a minor project. The student has completed research
work in my stipulated time and according to the norms prescribed for the purpose.
Mr. Sandeep Singh Rajput

Supervisor
Acknowledgment
Indian Evidence Act
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I have written this project, Patent and latent ambiguity in document: a study under Indian
evidence act under the supervision of Mr. Sandeep Singh Rajput, Faculty, University Five Year
Law College, University of Rajasthan, Jaipur. Her Valuable suggestions herein have not only
helped me immensely in making this work but also in developing an analytical approach this
work.
I found no words to express my sense of gratitude for Director Prof. N.D. Mathur for constant
encouragement at every step.
I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.
Prabhpreet Singh
Table of Contents
Indian Evidence Act
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Page
No
Certificate
Acknowledgement
Chapter- 1
An Introduction
Conceptual Analysis
Chapter 2
6-9
2.1 HISTORY
Chapter 3
10
Conclusion
Bibliography
11
CHAPTER 1
INTRODUCTION
Indian Evidence Act
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NATURE AND FUNCTION OF THE LAW OF EVIDENCE

Every case that comes before a court of law has a fact story behind it facts out of which cases
arise keep happening in the ordinary course of life. There is a crowded road for example people
are moving, vehicle are moving. Everyone is running at unmitigated speed suddenly two vehicles
run against each other one of them being loaded with dynamite the accident produce an
explosion with a shocking noise as a result of which a noise in a near by hospital drops a child
from hands injuring the child cases arising out of the accident with flow into the courts. In each
case the nature and cause of the accident would be in question. The facts which led up to the
climax will have to reconstruct before the court. So that judge is able consider the real
happening. Only then he will be in position to apply the appropriate law to the fact to be arrived
at a just solution about the right and liabilities of the parties. Thus, whenever a judge is called
upon to pronounce upon the right and liabilities of parties arising out of fact certain information
about the facts involved in his mind as to what the real facts are facts must be proved in the first
instances and the only the matter is rife for application of relevant laws. The practical reality is
that the truth or merits of a case are worth less unless they can be proved to be acceptance of the
judge and there to enable him to act on them. The means by which facts are proved are governed
by the law of evidence. The function of the law of evidence is to lay down rules according to
which the facts of case can be proved or disproved before a court of law. The means which can
be used to prove a fact are all control by the rules and principles laid down by the law of
evidence. The law of evidence does not affect substantive right of parties but only lays down the
law for facilitating the rules of evidence for the purposes of the guidance of the court. It is
procedural law which provides inter alike how a fact is to be proved. The evidence means any
things by which any alleged matter of facts is either establish or disproved. Any thing that makes
the thing in question evidence to the court evidence. Evidence can be defined as any material
which tends to persuade the court of the truth or probability of some fact asserted before.
1.1 Research Methodology
The sources for this project are the books, journals, reporters available in the University Five
Year Law College library. The online libraries and resources from the internet have also been
used. Hence the research is doctrinal in nature.
CHAPTER-2
CONCEPTUAL ANALYSIS
Indian Evidence Act
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2.1 Document Definition

Document [ means any matter expressed or described upon any substance by means of letters,
figures or marks,or by more than one of those means, intended to be used, or which may be used,
for the purpose of recording that matter.
Illustrations :A writing [is a document:] Words printed lithographed or photographed are documents: A map or
plan is a document: An inscription on a metal plate or stone is a document: A caricature is a
document." Evidence."" Evidence" means and includes-- (1) all statements which the Court
permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry;
such statements are called oral evidence; (2) all documents produced for the inspection of the
Court; such documents are called documentary evidence." Proved." A fact is said to be proved
when, after considering the matters before it, the Court either believes it to exist, or considers its
existence so probable that a prudent man ought, under the circumstances of the particular case, to
act upon the supposition that it exists." Disproved." A fact is said to be disproved when, after
considering the matters before it, the Court either believes that it does not exist, or considers its
non- existence so probable that a prudent man ought, under the circumstances of the particular
case, to act upon the supposition that it does not exist." Not proved." A fact is said not to be
proved when it is neither proved nor disproved." India." [India" means the territory of India
excluding the State of Jammu and Kashmir.]
Section 61._
Proof of contents of documents:The contents of documents may be proved either by primary or by secondary evidence.
DOCUMENTARY EVIDENCE:The word document has been defined in section 3 of the evidence act document means any
matter expressed or described upon any substance by means of letter, figures or marks or by
more than one of those means intended to be used or which may be used for the purpose of
recoding that matter. The most common document with which we have to deal is a document
which is described by letters. Generally we have to deal with things written in some language
like Hindi, Urdu and English etc. Under the following sections we have to see as to when there is
a document the contents of which is material for the decision of case how those contents are
brought before the court. The subject of documentary evidence can be for purpose of intelligible
reading, divided into three parts:
1. How the contents of a document are to be proved? (Sec 61 to 66)
Indian Evidence Act
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2. How the document is to be proved to be genuine? (Sec 67 to 90)

3. How far and in what cases the oral evidence is excluded by documentary evidence? (Sec 91 to
109)
The contents of documents must be proved either by primary or secondary evidence.
2.2 Ambiguities in documents
Ambiguity means an uncertainty of meaning in which several interpretations are possible.
Ambiguity means something that does not have a single clear meaning Merriam-Webster
dictionary.
Generally, there are two types of ambiguity, viz.
Patent ambiguity;
Latent ambiguity;
Patent ambiguity is defined in Secs.93 and 94 of the Indian Evidence Act, 1872.
Sec.93: Exclusion of evidence to explain or amend ambiguous document:
When the language used in a document is, on its face, ambiguous or defective, evidence may
not be give of facts which would show its meaning or supply its defects.
Illustration: A agrees, in writing, to sell a horse to B for Rs.1,000 or Rs.1500. Evidence cannot be
given to show which price was to be given.
Sec.94: Exclusion of evidence against application of document to existing facts:
When language used in a document is plain in itself, and when it applies accurately to existing
facts, evidence may not be given to show that it was not meant to apply to such facts.
Illustration: A sells to B, by deed, my estate at Rampur containing 100 bighas. A has an estate at
Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be
sold was on situated at a different place and of a different size.
Latent ambiguity is defined in Secs.95 to 98 of the Indian Evidence Act, 1872.
Sec.95: Evidence as to document unmeaning in reference to existing facts:
When language is used in a document is plain in itself, but is unmeaning in reference to existing
facts, evidence may be given to show that it was used in a peculiar sense.
Indian Evidence Act
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Illustration: A sells B, by deed, my house in Calcutta. A had no house in Calcutta, but it appears
that he had a house at Howrah, of which B had been in possession since the execution of the
deed. These facts may be proved to show that the deed related to the house at Howrah.
Sec.96: Evidence as to application of language which can apply to one only of several persons:
When the facts are such that the language used might have been meant to apply to any one, and
could not have been meant to apply to more than one, of several persons or things, evidence may
be given of facts which show which of those persons or things it was intended to apply to.
Illustration: A agrees to sell to B, for Rs.1000 my white horse. A has two white horses.
Evidence may be given of facts which show which of them was meant.
Sec.97: Evidence as to application of language to one of two sets of facts, to neither of which the
whole correctly applies:
When the language used applies partly to one set of existing facts, and partly to another set of
existing facts, but the whole of it does not apply correctly to either, evidence may be given to
show to which of the two it was meant to apply.
Illustration: A agrees to sell to B my land at X in the occupation of Y. A has land at X, but not
in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be
given of facts showing which he meant to sell.
Sec.98: Evidence as to meaning of illegible characters etc.
Evidence may be given to show the meaning of illegible or not commonly intelligible
characters, of foreign, obsolete, technical, local and provincial expressions of abbreviations and
of words used in a peculiar sense.
Illustration: A, sculptor, agrees to sell to B all my models. A has both models and modeling
tools. Evidence may be given to show which he meant to sell.
Cases Laws:
Indian Evidence Act
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Section 93, Evidence Act deals with patent Ambiguities. If the Language of a deed is, on its face,
ambiguous or defective no evidence can be given to make it certain.1
It will be the language of the document which will decide the question at issue. It is not open to
the court or the parties to remove vagueness by relying on extrinsic evidence because it menas
making of new contract between the parties.2
Extrinsic evidence can be given to show that in what sense in particular one be used in an
instrument.3
1 Deojit v. Pitambar, ILR 1876 (1) All. 275 (277)

2 Keshav Lal Lalubhai Patel v. Lal Bhai, AIR 1958 SC 512
3 AIR 1970 Raj 36
Indian Evidence Act
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CHAPTER 3
CONCLUSION
There are two types of Ambiguities which are defined under Provisions of Indian Evidence Act
from section 93 to 98 i.e. Patent and Latent.
Patent Ambiguity (Section 93-94)
Section 93 Deals with cases where plainly the words are been described whereas Section 94
deals with cases where meaning cannot be given in such cases no meaning shall be given.
Latent Ambiguity is given under section 95-98 of Indian Evidence Act.
Section 95 deals with cases where the intention is to show the meaning of word in a peculiar
sense.
Section 96 deals with cases where the words are intended for only a particular person.
Section 97 deals with cases where the particular set of facts are to be applied to particular
circumstances.
Section 98 deals with cases to show that words not commonly intelligible character shall be used.
Indian Evidence Act
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Bibliography
Law of Evidence by S.P. Tyagi, Volume 2, First edition, Vinod Publications Ltd.
Webliography
https://gblaw.wordpress.com/2016/01/29/ambiguities-in-documents/
Indian Evidence Act
P a g e | 11

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Roll No.

Mr. Sandeep Singh Rajput

University Five Year Law College

Mr. Sandeep Rajput

Date: 30 April, 2016

Mr. Sandeep Singh Rajput

NATURE AND FUNCTION OF THE LAW OF EVIDENCE

2.1 Document Definition

2. How the document is to be proved to be genuine? (Sec 67 to 90)

1 Deojit v. Pitambar, ILR 1876 (1) All. 275 (277)

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