Will -- Execution - Proof - Testator was a bachelor - Testator died a day after execution of Will - Entire property bequeathed in favour of daughter-in-law of brother - Daughter-in-law used to cook for testator and looked after him before his death - Testator was in sound and disposing state of mind and Will was read over to testator at the time of execution and he signed..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Denial of issuance of cheque - Held, once cheque is duly singed by accused, mere denial of issuing cheque is not sufficient to rebut the presumption available u/s 139 of the Act...........
Will -- Suspicious circumstance - Thumb marking and not signing - Testator seriously ill but he was in a fit mental condition - Fact that he thumb marked when he could have singed is a suspicious circumstance about execution of Will...........
Promissory note -- Name of payee left blank - It is even then a promissory note if it is in writing and containing an unconditional undertaking to repay the amount and singed by the maker and delivered to the payee - Such an instrument can be enforced - Holder of such document can fill up the name of payee and his other particulars at a later stage...........
Notaries Public Rules, 1956, Rule 11(2), 11(9) -- Notary - Receipt book - Singed by a person other than the executant - R.11(9) does not provide for getting the signature of the executant of the affidavit in the register unlike Form XV prescribed under R.11(2) which provides for obtaining the signature of the concerned person...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Complaint singed by the counsel but not by the complainant - Returned - Complaint filed again when limitation had expired - Complaint not to be dismissed as initial date of presentation is the criteria...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Signed by some parties - Mother singed for herself as party to compromise and not signed separately as natural guardian of minors - Compromise is lawful and valid as against parties who signed it - Compromise not signed by minors who are incompetent to enter into contract and by any other party not void but only..........
Limitation Act, 1963, Section 19 -- `Acknowledgment' - Mere making of payment before the expiry of the prescribed period is not sufficient - Acknowledgment of payment has to be in the handwriting of or in a writing singed by the person making payment...........
Will -- Suspicious circumstances - Will alleged to be executed on 4.3.1971 was not produced till 15.2.1982 - Register of the scribe was not page marked and Will was an unregistered document - Testator was a Granthi knowing Gurmukhi well but had singed the Will in Urdu, which is improbable - Plaintiffs have not been able to remove the suspicious circumstances...........
Will -- Suspicious circumstances - Attesting witness not signing all the pages of Will - One signed only first page in the margin but did not sign the last page - Other witness singed only last page - Even executant also did not sign below the Will but signed in the margins of four pages of the Will - The witness signing only first page in the margin not examined to..........
