Evidence Act, 1872, Section 90 -- Provision of S.90 of Evidence Act applicable to documents more than 30 years old does not apply to a Will as a Will is required to be proved by strict compliance with statutory provisions governing its execution and attestation...........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Executant has subscribed her left hand thumb impression on gift deed - Therefore, presumption as is available u/s 90 of the Act could not have been per se made applicable so as to deny the demand for proof of gift deed...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Evidence Act, 1872, Section 90 -- 30 years old document - Presumption - Mere age of document is not a conclusive proof of its due execution - At least a prima facie proof is necessary to show that document is 30 years old for raising presumption u/s 90 of the Act, though it is rebuttable presumption...........
Evidence Act, 1872, Section 90, 110 -- Sale deed - When the execution of sale deed was not disputed and when contents of original sale deed was proved by production of certified copy there was absolutely no reason to look for the application of Ss.90, 110 of Evidence Act...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will being more than 30 years old is not in dispute and same has been placed on record by plaintiff in whose custody it ought to have been - Presumption u/s 90 Evidence Act was most plausible recourse and the same was rightly adopted by both the Courts below...........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will cannot be proved only on the basis of its age - Presumption u/s 90 of the Act, is inapplicable when it comes to proof of Wills, which have to be proved in terms of S.63(c) of Succession Act and S.68 of Evidence Act...........
Evidence Act, 1872, Section 90 -- Document 30 years old - Presumption - Document in question is in the nature of public document having been issued by a statutory authority upon enquiry - Document being old one and having been produced by credible person attracts presumption of correctness u/s 90 of the Act...........
