Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Will -- Proof of - Mere fact that scribe of Will was not produced/examined, Will cannot be discarded particularly when Will is proved in accordance with law...........
Will -- Suspicious circumstances - Exclusion of natural heir - Will in question was proved by its scribe and attesting witnesses - No medical record produced to reach a conclusion that testator was not in sound mental and physical health when Will was executed - Defendants are not strangers but nephew of testator - Merely because defendants have been given suit property..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Scribe of FIR not produced by prosecution - Even name of scribe is absent in ejahar - It creates a suspicious circumstance about actual maker of FIR as well as contents therein and naturally doubt will arise to genuinity of contents of ejahar...........
Will -- Execution - Scribe of Will deposed that he did not know testator personally - Witness examined from office of registering authority only produced certified copy of Will and made a statement on basis of records without having any knowledge with regard to execution and registration of Will - Beneficiaries under Will have failed to prove Will in accordance with law -..........
Agreement to sell -- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the date of contract itself, however his counsel made a..........
Agreement to sell -- Duty of licensed typist to maintain register - Though a typist is not required to maintain the register, however, once a typist is scribing documents, then such typist is performing the duties/functions of a professional scribe, hence, ought to have maintained a register which a licensed professional scribe is required to maintain - In present case,..........
Will -- Suspicious circumstance - No discrepancy between statements of scribe and one of marginal witnesses with regard to mode and manner in which Will was executed - No evidence on record that propounder of Will though present at the time of execution of Will played any prominent role in its execution - Petitioner/propounder of Will successfully discharged the initial..........
Agreement to sell -- Execution - Agreement signed by vendor only - Attesting witness a minor, who is incompetent to be a marginal or attesting witness - Scribe deposing that no advance sale consideration was paid in his presence and vendor and marginal witnesses did not sign in his presence - Blank signed paper was given to scribe and agreement was written at the..........
