Recovery suit -- Damage or loss in transit of goods - Prior notice not issued by Surveyor before assessment of loss to transporter - Mere fact that Surveyor has not issued such notice to defendant/transporter, by itself would not make a Surveyor's report a suspicious document, as damage to goods under transit is proved and more particularly when defendant nowhere in his..........
Will -- Suspicious circumstances - Non registration of Will - Earlier testator opted to register all the Wills executed by him and even the cancellations - No satisfactory explanation offered for non registration of Will - Will executed at the office of document writer at a distant place - There is failure to dispel the suspicious circumstance attached to its execution...........
Will -- Proof of - Attesting witness of Will DW1 stated that he does not know date, month and year of execution of Will and he was not informed in advance about the execution of Will - DW1 Appears to be stock witness - He has not named other attesting witness and he does not deposed that testator had witnessed his attestation as well as attestation of other attestor -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay of few hours in registration of FIR, which was convincingly explained by complainant and PW18, case of prosecution could not be looked with suspicious eyes...........
Will -- Suspicious circumstance - Acquittal and discharge in criminal case is meaningless in considering Will, but it gave suspicious circumstance as no explanation has come forward qua medical record of ill health of testator for which he was alleged to have been taken for hospital...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of deceased to..........
Will -- Proof of - Defendant alleges Will in his favour executed by his father - One of attesting witness of Will, DW3 failed to prove the execution of Will, as he did not state anything about fact that Will was executed in his presence and that it was read over to executant, that executant accepted its contents in his presence and that executant signed the Will in..........
Will -- Proof - Propounder of Will is required to prove execution of Will and remove all surrounding suspicious circumstances, but person who is doubting correctness of Will cannot be expected to remain a silent spectator by just pointing out small errors here and there to create doubt...........
Will -- Suspicious circumstance - Statement of scribe/document writer - PW2 admitted that all the entries recorded in register maintained by him in same ink except one entry which pertained to Will in question which was in different ink - Explanation given for the same is that PW2 used to keep 2-3 pens, does not inspire confidence - Not only this, cutting made in..........
Will -- Suspicious circumstance - Marginal witnesses - There is no mention of original purported Will in statement of either of witnesses - They deposed only about attesting copy of a purported Will - Marginal witness/PW3 categorically stated that she had not appended her signature on any paper except two pages of Will - Subsequent deposition made by them later on that..........
