Will -- Proof of - Execution of Will proved by one of attesting witness to Will - Will was signed by testator in a sound and disposing state of mind - Testator put his signature to document of his own free will - Respondent who was the only contesting party also accepted the execution of Will - Will held, proved on record - Petitioner entitled to Letter of administration..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Due to lapse on the part of appellant and his counsel second Trust Deed, which was basis for taking steps for sale of the sale could not be proved - Such document ought to have been permitted to be proved to arrive at the conclusion to find out the criminal intent, if any, on the part of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Sale deed which is a registered document has to be proved by other evidence...........
Family Courts Act, 1984, Section 14 -- Proof of document - A document merely marked with or without consent of opposite party in a proceeding before a Family Court is no proof at all unless the contents thereof are either admitted by adverse party or proved through the persons who can vouch for the truth of the facts...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 37 -- Second appeal - Suit for permanent injunction - Encroachment of public street - Aks-sijrs not proved on record to establish possession whereas, document brought on record on behalf of plaintiff does not prove any encroachment - It is not establish that who had been in actual physical..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photocopy of agreement to prove its contents - Plaintiff sought permission to prove contents of second agreement regarding full and final payment received by predecessor-i, interest of defendants - Original agreement is not traceable - Merely because plaintiff not specifically averred that original agreement is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - Non-compliance of S.42 of the Act - PW13 neither stated that information entered in station diary nor same was intimated to superior officer - Relevant station diary not proved during trial nor abstract of same exhibited - Even though in FIR, it is stated about..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to prove financial capacity, as immovable property is not..........
Agreement to sell -- Specific Performance - Readiness and willingness - Capacity to pay - Plaintiff failed to show his capacity to pay balance sale consideration of Rs.22 lakhs - He stated that he borrowed money from his friends and kept the same to pay balance sale consideration - However, no document on record to show that plaintiff had amount of Rs.22 lakhs with him nor..........
Agreement to sell -- Specific performance - Execution of agreement to sell dated 1992 was proved on record - Said agreement was admitted document between parties - Factum of Rs.20 lakhs received by defendant in furtherance of agreement to sell was also admitted fact - Receipts of earnest money and second installment were also admitted - Plaintiffs also proved on record..........
