If the language employed in a document is ambiguous, the question of admissibility of extraneous evidence whould be regulated by section 93 to 97 of Indian Evidence Act. Ambiguties are of two types : -
1. PATENT AMBIGUITIES (Section 93-94) : - a patent ambiguity is the one which appears on the face of the document. Section 93 of Act says “when the language used in a document is on its face ambiguous or defective, evidence may not be given of fact which would show its meaning or supply its defect.”
So when a document is ambiguous on its face, no extrinsic evidence is allowed to explain or amend the instrument.
2. LATENT AMBIGUITY (Section 95-97) : - latent ambiguity is that which seems certain and without ambiguity for any thing that appears on the deed but there are some collateral matter out of the deed that breathe the ambiguity. Evidence is admissible to remove the latent ambiguity. Section 95 says that the language 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 particular sense.
Tuesday, November 27, 2007
Monday, November 26, 2007
Offences against Religion? Explain the Principle underlying these offences?
Offences relating to religion are : -
(1) Injury or Defiling place of worship with intent to insult the religion of any class (section 295)
(2) Delibrate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious belief. (section 295-A)
(3) Disturbing religious assembly (Section 296)
(4) Trespassing on burial places or offering indignity to human corpse ( Section 297)
(5) Uttering words or making sounds and gesture with deliberate intent to wound religious feeling ( section 298).
Principle underlying these offences: -
The principle underlying these offences is that every man should not be suffered to profess his own religion and that no man should be suffered to insult the religion of another. It is the bounden duty of a secular democratic government to see that no disruption tendencies are allowed to appear owing to religions which is prone to it in the hands of fanatics.
(1) Injury or Defiling place of worship with intent to insult the religion of any class (section 295)
(2) Delibrate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious belief. (section 295-A)
(3) Disturbing religious assembly (Section 296)
(4) Trespassing on burial places or offering indignity to human corpse ( Section 297)
(5) Uttering words or making sounds and gesture with deliberate intent to wound religious feeling ( section 298).
Principle underlying these offences: -
The principle underlying these offences is that every man should not be suffered to profess his own religion and that no man should be suffered to insult the religion of another. It is the bounden duty of a secular democratic government to see that no disruption tendencies are allowed to appear owing to religions which is prone to it in the hands of fanatics.
Sunday, November 25, 2007
HPPSC 2007 Part II
The Examination of Himachal Padesh Public Service Commission has also conducted HPJS examination on 29, 30 & 31 Oct. 2007. the diffrent quesdtions will be published on this site shortly for the ready refrence for upcoming exams.
HCS (JB) 2007
In the month of November 2007 on 15, 16 & 17th the examination of Haryana Civil Services (Judicial Branch ) has been held at Chandigarh. this site also contains the solved papers and information regarding upcoming examinations
Contents
This Site Contains the solved questions asked in diffrent states for judicial services examination recently.
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