Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Will -- Proof - If an attesting witness denies execution, other attesting witness has to be summoned to prove execution and due attestation of Will...........
Will -- Due execution - Execution of document does not mean mechanical act of signing document or getting it signed but intelligent appreciation of contents of document and signing in token of acceptance of those contents...........
Will -- Proof - Execution of Will not proved by one of attesting witness of Will - Plaintiff not made attempt to prove Will either by examining other attesting witness and/or by adducing evidence of any other person - Due execution of Will as per S.68 of Evidence Act not proved - Propounder of Will/plaintiff failed to discharge initial onus of proving execution of Will -..........
Hindu Marriage Act, 1955, Section 11, 29(2) -- Null and void marriage - Second marriage by wife during subsistence of first marriage - Wife taking plea of customary divorce - Wife failed to prove customary divorce prevailing in her community - Custom cannot be created by agreement between parties and execution of `Farkatnama' between her and her first husband does not..........
Will -- Proof of - Registered Will executed by testator in favour of defendants - Plaintiff not proved to be son of testator thus have no locus to challenge the Will - Even otherwise, Will in question is proved on record, as marginal witness of Will unequivocally disclosed that testator embossing his thumb impressions in his presence - Factum of testator being mentally fit..........
Agreement to sell -- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff had already paid more than 50% of sale consideration to..........
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
Will -- Execution - Scribe of Will one of the attesting witness - There is no law that he is the best witness and he alone is competent to depose about execution of Will...........
Will -- Execution - One of the attesting witness examined and subjected to cross-examination - Mere no, examination of other attesting witness, who happens to be scribe also, would not render duly executed Will not genuine document...........
