Will -- Thumb marked by testator whereas he used to sign - If testator had put only his thumb impression and not the signatures, it is well possible that he was suffering from some physical disability which prevented him from putting his signatures - This fact in itself adds an added burden on the propounder to establish that at the time when testator had executed Will,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Deed of adoption did not bear signatures/thumb impression of natural father of adoptee or any guardian of adoptee - There was no indication of presence of parents of adoptee or his guardian at time of execution or registration of adoption deed - Adoption, held, not valid...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - 100% burn injuries - Doctor who recorded dying declaration admitted that he withheld the said dying declaration with him till his evidence was recorded u/s 202 Cr.P.C and he did not inform to the authorities prior to that - Doctor has not given any certificate that at the time of recording dying..........
Will -- Genuineness - Merely because signatures have not been put on the Will and only thumb impressions are there, is not a suspicious circumstance - Rather thumb impression is more authentic and even difficult to tamper with - Handwriting science is not an exact science whereas fingerprint science is an exact science...........
Agreement to sell -- Specific performance - Sale consideration has been paid by seller but sale deed not executed - Statements of witnesses to agreement cumulatively established that agreement was duly executed between parties - Thumb impression of seller on agreement not scientifically examined - Plaintiff had no closeness with witnesses and thus there was no question of..........
Will -- Suspicious circumstances - (i) Marginal witnesses seriously contradicted themselves about the date of death of testator as well as execution of Will; (ii) Will not registered inspite of fact that facility was very much available because house of deceased was situated near the office of Sub Registrar; (iii) no reason, whatsoever given to deprive the defendants from..........
Indian Penal Code, 1860, Section 361, 366A, 376 -- Kidnapping & rape - Minor girl - Proof - Evidence of prosecutrix shows that accused No.3 who was her school friend took her to house of her relatives and thereafter accused Nos.2, 3 & 5 took prosecutrix to different places and sold her to accused No.1 who raped her - Accused No.2 & 5 were posing themselves as mother and..........
Will -- Suspicious circumstances - Testator knew how to sign and read newspaper - Will in question bears thumb impression - He died within 8 days of execution of Will in house of one of the beneficiary - No share was given to daughter - No mention of wife of testator in Will - Held, all such circumstances create a suspicion that Will is not a genuine and valid document -..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Registered sale deeds - Execution of - Proof - Defendant No.1 has admitted her thumb impression on sale deeds - Sale deeds also contain recital with regard to payment of consideration - No threat was given by plaintiffs when defendant No.1 put thumb impression on documents - She has merely stated that plaintiffs..........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Thumb impression of victim - Depends upon facts, as regards whether the skin of the thumb was also burnt - Even in case of such burns in the body, the skin of a small part of the body, i.e. of the thumb, may remain intact - It is a question of fact regarding whether the skin of the thumb had in fact..........
