Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - No attesting witness is required to be examined to prove the execution of the sale deed unless its execution is denied by the person, who had executed the same...........
Evidence Act, 1872, Section 68 -- Sale deed - Execution - Proof - Requirement of examining at least one attesting witness to prove execution - Not necessary where document, not being will, is registered, execution of which by person by whom it purports to have been executed has not been denied - Held, merely because person who had executed sale deed had denied vendee's..........
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..........
Sale deed -- Proof - To be proved by examining one of the attesting witness and by producing the record from the office of Sub Registrar - Certified copy is not per se admissible...........
Evidence Act, 1872, Section 115 -- Estoppel - Attesting witness - Sale deed - Execution of - The attestation by a witness does not work as an estoppel against him - He can always deny its contents but may not be able to deny its execution...........
Evidence Act, 1872, Section 67, 68, 69, 70, 71, 72, 73 -- Sale deed - Proof - Attesting witness or any other witness proving execution of sale deed not examined - Relevant register of Registration Authority also not produced - Mere marking of document as exhibit not sufficient to dispense with the proof - Sale deed is not proved...........
Will -- Execution - Proof - One attesting witness supported case in examination-in-chief but during cross examination he pretended to be hard hearing and was discharged as he not able to make a sensible statement - The condition of the second attesting witness deteriorated on account of old age and the witness not fit to make a statement - Scribe died but his grandson..........
