Will -- Execution - Proof - Will otherwise proved by cogent evidence - Marginal witness not stating that he signed the Will in presence of executant - It cannot be laid as an absolute proposition that the same was not duly attested...........
Arrest or detention -- Requirements to be followed - (1) Particulars of police personnel handling interrogation to be recorded in a register (2) Memo of arrest to be prepared and to be attested by at least one witness (3) Friend or relative etc. to be informed of arrest (4) If relative of the arrestee lives outside the district, he be informed telegraphically within a..........
Stamp Act, 1899, Section 2(22), 2(S)(b), Negotiable Instruments Act, 1881, Section 4 -- Promissory note or bond - Instrument in question attested by a witness and not payable to order or bearer - Signed by maker promising to repay the amount borrowed to lender without interest immediately after Deepavali or Ugadi - Held, document in question is a bond and not promissory..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Head Constable - He genuinely made an attempt to get dying declaration recorded by a Magistrate - Magistrate not available - Doctor attested statement recorded by Head Constable - Doctor satisfied himself about correctness of statement by putting questions to that effect to the injured - Eye witnesses stated..........
Transfer of Property Act, 1882, Section 123 -- Gift - Validity - Gift acted upon by donee - Absence of written instrument executed by donor and attested by two witnesses and registration in accordance with Stamp Act - Held, in absence of written instrument and acceptance thereof by donee, property in question could not be said to have been transferred to donee...........
Will -- Can be executed in any form but to be effective it is required to be signed and attested by witnesses as required under the Act - No specific form or language is required to be applied while executing the Will...........
Will -- Suspicious circumstances - Sound disposing mind - Will executed by deceased when he was in the hospital - Will scribed by a lawyer, attested by a doctor and Will registered by taking the testator on a cot - Testator survived for a period of more than 7 years - Fallacious and erroneous approach on the part of the first appellate Court to hold that deceased was not..........
Will -- Suspicious circumstances - Registered Will superseded without any reference to the same by unregistered Will attested by a person of the village of relation - Scribe made entry of Will in the last of the register and pages still lying blank - Both the Wills executed in the same year and the earlier Will testator mentioned his age 75 years whereas in the second Will..........
Hindu Minority and Guardianship Act, 1956, Section 11 -- Sale of minor's property - Father alive - Mother sold the property and father attested those sale deeds - Held, sale is void - Plaintiff (Minor son) is entitled to decree for possession and accounts as regards those properties without seeking relief to set aside those documents - Void documents can be ignored...........
Family settlement -- Oral family settlement - Proof - Family settlement can be oral and also not required to be registered but transfer of immovable property of the value of more than Rs.100/- requires registration - In the instant case affidavit showing transfer of 4 Kanals of land in favour of brother - Affidavit not signed by the plaintiff, nor attested - Affidavit not..........
