Evidence Act, 1872, Section 61, 67, 68 -- Contents of document - Proof - Examination of scribe not necessary when contents of document otherwise proved - Contents of document proved by attesting witness - Stamp paper purchased by defendant and it was scribed in his presence - Attesting witness witnessed the scribing of document as well as the aspect of it being singed..........
Evidence Act, 1872, Section 68, Proviso, Section 14 -- Denial of execution - Plea of lack of free consent to the execution of document on account of presence of any of vitiating elements contained in S.14 of Contract Act, cannot be treated as denial of execution of such a document, within the meaning of S.68 proviso of Evidence Act...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - To prove, it is not necessary to call an attesting witness when its execution is not denied specifically by a person who has executed the same, except the deed of `Will'...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Execution - Proof of - Execution of document never questioned or objected by its executor - Defendants being stranger or third party to sale deed, has no right to question the authenticity of its due execution and attestation...........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Where donor himself denied execution of Gift deed, it is incumbent upon donee to prove execution and acceptance of gift by examining at least one of attesting witnesses of gift deed, as contemplated u/s 68 of Evidence Act...........
Evidence Act, 1872, Section 90, 68 -- Presumption u/s 90 of the Act - Genuineness of Will - Neither attestor nor scribe has been examined - Moreover, Will apart from being unregistered not proved in manner known to law - Hence, presumption u/s 90 of the Act would not apply...........
Evidence Act, 1872, Section 68 -- Examination of attesting witnesses - Of no avail once document itself is not proved by primary evidence and no evidence of circumstances permitting leading of secondary evidence is given...........
Evidence Act, 1872, Section 68 -- Settlement deed - Execution - Defendant specifically denied the execution of settlement deed by executor - Execution is to be proved by examining attesting witness, even though it is registered document...........
Evidence Act, 1872, Section 61, 68, Civil Procedure Code, 1908, Order 13, Rule 4 -- Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law...........
Evidence Act, 1872, Section 68 -- Provision of S.68 of the Act is not applicable when there is no living attesting witness - The mandate of the provision itself is that execution of a document required by law to be attested is by examining at least one attesting witness, if there be an attesting witness alive...........
