Negotiable Instruments Act, 1881, Section 118(a) -- Consideration - Presumption - Pronote - Execution if proved it is to be presumed that it is supported by a consideration - Such presumption is rebuttable by a probable defence - Onus shifts on plaintiff when defendant discharges the initial onus of proof showing that the existence of consideration was improbable or..........
Registration Act, 1908, Section 17 -- Presumption of execution - There is a presumption that registered document is validly executed - A registered document therefore prima facie would be valid in law - Onus of proof would be on a person who leads evidence to rebut this presumption...........
Evidence Act, 1872, Section 3, 67 -- Document - Proof of execution - Mere production of documents purporting to have been signed or written by a person is no evidence of its authorship - It is necessary to prove its genuineness and execution - Proof has to be given of the hand writing, signature and execution...........
Will -- Execution - Proof - Mere proving the thumb impressions on the Will is not sufficient to prove the execution of Will...........
Will -- Execution - Proof - At least one attesting witness has to be examined to prove the Will - In the instant case it has come on record that one attesting witness was alive but he is not examined - Held, Will not proved in accordance with law...........
Limitation Act, 1963, Section 14, Article 136, Civil Procedure Code, 1908, Order 21 -- Execution - Limitation - Execution filed within time - However same withdrawn because J.D. filed an application U.O.9.R.13 CPC and appellate Court remanded case for decision afresh - On dismissal for non prosecution execution filed again - Time thus consumed has to be excluded -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
Will -- Execution and attestation - Not only the execution of Will must be proved but actually execution must be attested by atleast two witnesses...........
Will -- Execution and attestation - Execution and attestation connote two different things - Some documents do not require attestation whereas some documents require by law to be attested...........
Will -- Execution - Proof - In addition to proving the execution of Will by examining the attesting witnesses, the propounder is also required to explain the surrounding suspicious circumstances, if any...........
