Will -- Unregistered Will - Suspicious circumstance - Both scribe as well as attesting witnesses admitted in their cross-examination that contents of Will had not been read over and explained to testator - Unregistered Will thus, not executed by testator knowingly and willingly - Will is surrounded by suspicious circumstance...........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Will -- Suspicious circumstance - In normal circumstances, there was no necessity to examine the scribe and non-examination of scribe cannot be a suspicious circumstance...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Borrowing of amount by defendant is clearly narrated by PW2/scribe of suit promissory note, in his evidence - Plaintiff issued a legal notice to defendant, but he did not choose to give any reply by denying suit promissory note - Defendant is unable to show any reason or circumstance to disbelieve the..........
Will -- Suspicious circumstances - Beneficiary of Will i.e. plaintiff was present at the time of execution of Will - Will appeared to be dubious document having been written on a piece of paper torn from a copy - Scribe of Will being close relative of testatrix does not know about age of testatrix - Plaintiff stated that testatrix was alright at the time of execution of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Settlement deed -- Non-examination of Scribe in Court - Deed of settlement not required to be attested by law - Hence, it is governed by S.72 of Evidence Act - Moreover, settlement deed has been proved by examining the witness to said deed - Even, plaintiff admits that parties are in exclusive possession of respective shares as per deed of settlement - Failure to examine..........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
