Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
Will -- Execution of - Validity - Testimony of scribe of Will and attesting witness did not refer to presence of other person at time of execution of Will by deceased - Even, evidence of attesting witness reflects that Will was prepared at Sub-Registrar`s Office and not by scribe - Moreover, both scribe and attesting witness did not present consistent and acceptable..........
Will -- Execution - Proof - Testator executed Will in favour of his grandsons - Attesting witness of Will not only signed Will as attesting witnesses at the time of execution but also at the time of registration before Sub-Registrar - Statement of attesting witnesses proved due execution of Will apart from evidence of scribe and official from Sub-Registrar's office...........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 154 -- FIR as dying declaration - Scribe denied the question put in cross examination that signatures are not of the deceased - Deceased was a Govt. employee and his signatures would have been available in Government records - No effort made by prosecution to compare the signatures on FIR with the..........
Will -- Proof of - DW2 stated that he had written the Will on which testator had affixed his thumb impression - However, he is silent about signing of Will by attesting witnesses - Evidence of DW2 thus, can be read only to extent that he is scribe of Will...........
Will -- Proof of - Evidence of scribe of Will cannot be equated with that of attesting witness, particularly when he has not stated that Will was executed on dictations of testator and Will was ever read over to testator before he put his thumb impression...........
Will -- Scribe as an attesting witness - Stating so in evidence is not sufficient - There must be some indication to show elements of intention to stand as an attesting witness in the document...........
Will -- Proof - None of attesting witnesses was available for examination in Court - Certified copy of Will does not bear signature/thumb impression of testator or attesting witnesses - Plaintiff examined the witnesses to prove signatures of attesting witnesses on entry made in register of Scribe of Will - However, plaintiff did not examine a witness to prove that..........
Will -- Proof - Execution and registration of Will proved by examination of both attesting witnesses as well as scribe - Scribe also stated that entry of Will was entered in his register and testatrix has thumb marked said entry - No evidence led by plaintiff to prove that testatrix was not in a fit state of mind to execute and get Will registered - Over writings on the..........
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
