Will -- Proof of - Attesting witness of Will stated that testatrix may have lived for 2-3 years after execution of Will - However, she lived for barely a month and a half after execution of Will - Fact that attesting witness did not recall this crucial detail casts any amount of doubt on his credibility - Evidence of attesting witness does not inspire confidence on the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere possession and recovery of currency notes from accused without proof of demand will not bring guilt of an offence...........
Service -- Cancellation of candidature - Non-furnishing of original character certificates - Candidate should possess the character certificate and if required, it may be made available at the time of interview as per Rules applicable - Production of original certificates at the time of interview is thus, not mandatory but directory - Proof is available and true..........
Indian Penal Code, 1860, Section 87, Evidence Act, 1872, Section 105(III)(a) -- Unsoundness of mind - Burden of proof - Burden to prove that as a result of unsoundness of mind, accused was incapable of knowing consequences of his act is only defence as duly exemplified by S.105(III)(a) of the Act...........
Will -- Proof - Apart from statutory compliance, broadly it has to be proved that (a) testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances...........
Will -- Proof - Where one attesting witness examined to prove Will fails to prove its due execution, then other available attesting witness has to be called to supplement his evidence...........
Will -- Proof - Will was duly executed by testator in the presence of witnesses out of his free will in a sound disposing state of mind and same stands proven through testimonies of one of attesting witnesses - Attesting witness categorically stated that testator executed the Will and both he and testator signed Will in presence of each other - No evidence on record that..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Will -- Proof - Exclusion - Note regarding exclusion given in the last two lines - No reason given during course of evidence as to why instead of giving a note about exclusion in the last two lines it was not mentioned in the body of Will - Moreover ink of typewriter by which body of Will is typed is different from the ink with which last two lines regarding exclusion are..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
