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Results of witness of will

Showing : 211-220 of 559 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 274 -- Trial of summon cases - Recording of evidence - Held, evidence will have to be recorded before Magistrate and Magistrate shall record substance of evidence as examination of each witness proceeds...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Will -- Execution - Proof - Attesting witness - Will proved by examining one attesting witness - Attesting witness examined alleged to be not the one who had attested the Will - In cross examination there is no discussion or even a suggestion that attesting witness examined is not the one who had attested the Will and that he was not the attesting witness to the Will -..........

DELHI HIGH COURT

Year of decision: 2013
Details

Evidence Act, 1872, Section 138, 148 -- Irrelevant questions in cross examination - Cross examination is the main tool of an accused to test the veracity of the evidence of the witness and discredit his trustworthiness - However, this does not mean that trial Court will not exercise its discretion in disallowing irrelevant questions...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery in presence of witness who signed the recovery memo - Witness resiled and stated that his signatures were obtained by police on blank papers - Witness not an illiterate person who will sign blank papers - No complaint made to senior police officials regarding getting signatures on blank..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Undue influence - Vendor about 100 years of age - Wife (plaintiff) had no knowledge of execution of sale deed at the time when it was so executed - Entire transaction underwent clandestinely and those who in normal course must have knowledge thereof, were kept in the dark - Attesting witness of sale..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Opportunity given but not availed - Sought permission to file replication after closure of evidence of plaintiff - Replication is mere denial of new or fresh facts pleaded in the written statement - Issues are framed on the basis of plaint and written statement - Role that can be attributed to the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - DW1 categorically deposed that Will was executed by testator in his presence and also in presence of another attesting witness - Both of them have subscribed their signatures after witnessing execution by testator who also witnessed their attestation - Held, Will has been..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 311 -- Additional witness - A child, aged 8 years at time of occurrence, sought to be summoned after 3 years of occurrence - Statement of child not recorded u/s 161 Cr.P.C. - Child living with complainant side and chances of her being under their influence cannot also be ruled out - However, in view of the fact that one of the eye..........

DELHI HIGH COURT

Year of decision: 2013
Details

Will -- Execution - Proof - Settled position of law is that a Will is mandatorily required to be attested by two witnesses in terms of S.63 (c) of Succession Act, 1925 - Requirement of S.68 of Evidence Act has also to be complied with for proof of Will which lays down mode of proof - It envisages that it is not necessary to call more than one attesting witness to prove..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2013
Details

Will -- Suspicious circumstances - Scribe none else, but an Advocate who was representing the defendant in this case before the trial Court - One of the marginal witness was given up in the mid of recording of his statement - Thumb mark of testator instead of close to the text matter/contents of the document was on the last page of the document whereas the thumb..........

Showing : 211-220 of 559 Results