Succession Act, 1925, Section 63 - - Will - Proof of - Evidence on record shows that deceased was living with plaintiff-respondent during his life time - Material on record shows that he was hospitalized in January 1998 and operated upon - Will is of the year 1997 - There is also material on record to show that plaintiff-respondent had contributed to treatment of deceased..........
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Section 100 - - Will - Validity of - Second appeal - Held, determination of validity of a Will is a question of fact and not a question of law and same cannot be gone into in a regular second appeal...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Market value - The market value is the price that a willing purchaser would pay to a willing seller for the property having due regard to its existing condition with all its existing advantages and its potential possibilities when let out in most advantageous manner excluding any advantage due to carrying out of..........
Evidence Act, 1872, Section 112 -- DNA test - Plaintiff suit for succession seeking DNA comparison to establish paternity of her daughter - In instant case to succeed the suit only valid marriage between plaintiff and deceased was required to be proved - DNA test not required...........
Succession Act, 1925, Section 388, 372 -- Case u/s 372 of the Act decided by Civil Judge exercising the powers of District Judge - Appeal against - Lies to the District Judge...........
Consumer Protection Act, 1986, Section 2(i)(b)(v) , 15, Succession Act, 1925, Section 306 -- Civil Procedure Code, 1908, Order 22 Rules 1 and 11 - Law Reforms (Miscellaneous Provisions) Act, 1934 - Complainant - Death of complainant - Appeal - Legal heirs - Maintainability of appeal - Cause of action - Medical negligence - Claim brought by deceased was not a claim for his..........
Will -- Proof - Will has to be proved by primary evidence except where Court permits it can be proved by leading secondary evidence - Since Will is required to be attested as such it cannot be used as evidence until one of the attesting witnesses alive and subject of process of Court is examined - It has also to satisfy requirements of S.63 of Succession Act - Burden to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213 -- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........
Succession Act, 1925, Section 276, 264 -- Will - Christina - Probate - Application for grant of probate of Will executed by a Christian is maintainable before Court of District Judge...........
