Evidence Act, 1872, Section 45 -- Expert opinion - Mere proof of signatures cannot establish the due execution of a document...........
Registration Act, 1908, Section 57(5) -- Registered document - Certified copies - Provision of S.57(5) of the Act does not dispense with proof of execution of document...........
Will -- Proof - Execution of Will has to be proved in terms of provisions of S.68 of Evidence Act, even in a case where opposite party does not specifically deny the execution of document in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........
Mutation entries -- Nothing to do with ownership and cannot be treated as evidence of ownership of property, particularly when one of parties is in possession of a registered document of title which is correct and complete proof of ownership...........
Will -- Proof - Propounder of a Will must remove all suspicious circumstances, but these circumstances must either appear from the document itself or must be shown to exist by cogent evidence...........
Constitution of India, 1950, Article 32 -- Haj Pilgrimage - Quota of Private Tour Operators (PTOs) - Rejection of quota - Non furnishing of document - Respondent approved a policy framed by Government of India for registration of Private Tour Operators (PTOs) for HAJ in 2013 - However, Ministry of External Affairs (MEA) issued a clarification by which a PTO seeking..........
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104 -- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
Will -- Suspicious circumstances - Unsoundness of testator - Burden of proof - Testator was suffering from mental disorder and was under treatment when the Will was executed - Onus is on the beneficiary to show that testator was in sound state of mind and executed the document properly...........
