Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 118 -- Pronote - Statutory presumption - Execution of pronote duly proved by examining attesting witness & scribe - Signatures on pronote & receipt admitted - Self serving statement that the signatures were obtained on blank papers cannot rebut presumption raised u/s 118 on the basis of proof..........
Will -- Suspicious Circumstances - Unregistered will in favour of Gurudwara, recorded in proceeding books of Gram Panchayat - Will discarded being surrounded by suspicious circumstances - (i) Thumb impression on Will not tallying with standard signature, (ii) No explanation as to why Will executed in proceeding book of Gram Panchayat when such Will has nothing to do with..........
Will -- Execution - Proof - One attesting witness examined who was interested witness as he served under propounder - Other attesting witness, scribe and Advocate who drafted Will not examined - Propounder stating that she does not know other attesting witness, scribe and Advocate who drafted the Will, cannot be believed - Execution of Will not proved...........
Will -- Testator paralytic - Got scribed the Will through sign language - Will duly proved by examining attesting witnesses and scribe - Non understanding of contents of Will by attesting witnesses does not affect sound dispossing mind of testator - Attesting witness, witness signatures and not the contents of Will - It is for scribe to understand aid language...........
Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Contents of a document - Proof - Sale deed - Scribe or attesting witness not examined - Sale deed marked exhibit without objection - Held, once a document is exhibited on record and marked as such, the contents thereof would stand proved...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........
Will -- Suspicious Circumstances - Registered Will although duly proved by examining attesting witnesses, scribe & tehsildar discarded on following counts (i) No special circumstance to prefer legatee over other similarly placed legal heirs (ii) Wrong recital in Will that beneficiary / legatee is sole legal heir whereas there are other legal heirs (iii) No cogent reason..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Registered Will - Mutation sanctioned on the basis of Natural Succession - Registered Will ignored - Testator residing with the beneficiaries, last rites also performed by them - Will executed out of love and affection, duly proved by examining attesting witnesses and scribe - Suspicious circumstances that second..........
Will -- Mistake in name of village of one of the attesting witness - Not a ground to hold that witness had not attested the Will - Once Will is proved to have been executed in his presence, the mistake in the village at the hands of scribe is not sufficient to discard the Will...........
