Evidence Act, 1872, Section 68, 69 -- Proof of a document required by law to be attested when both the attesting witnesses are dead - Evidence is required to be led that signatures on document which requires to be attested by one or more witnesses are that of the executant with further proof that there is attestation in his handwriting by one attesting witness...........
Evidence Act, 1872, Section 68 -- Pronote - Execution - Proof - Execution of document can be proved by examination of one witness - It is not essential that both the witnesses should be examined - In the instant case one attesting witness to the pronote examined who proved the execution of pronote and receipt and defendant was not able to cause any dent in the testimony of..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Due execution - Proof of - Plaintiff alleges that at the time of execution of gift deed, donor did not have mental balance and he put his signature on the gift deed at the persuasion of defendant No.1 - However, plaintiff made only vague statement - No evidence on record to prove..........
Evidence Act, 1872, Section 68 -- Will - Proof of execution - Admission of Will not sufficient - Execution of Will has to be proved...........
Evidence Act, 1872, Section 68 -- Sale deed - Proof - Sale deed is not required to be attested under law - Parameters that are relevant for attestation of a document cannot be applied to in the context of proof of a document, which is not required in law to be attested - Once the registration of a document and execution thereof by the executant are not disputed, the..........
Evidence Act, 1872, Section 68, 101, Specific Relief Act, 1963, Section 31 -- Cancellation of deed - Burden to prove genuineness of deed arises only on plaintiff placing materials before Court satisfactorily discharging burden cast upon him in showing prima facie suspicious circumstances to doubt execution of disputed deed...........
Transfer of Property Act, 1882, Section 122, 123, Evidence Act, 1872, Section 68 -- Gift deed - Proof of - When defendant accepts execution of registered gift deed in favour of plaintiff, it is not necessary for plaintiff to prove its execution by examining the attestor...........
Evidence Act, 1872, Section 68, Civil Procedure Code, 1908, Order 41, Rule 27 -- Certified copy of document cannot be received in evidence when its execution is denied - Such document can be proved only as provided u/s 68 of Evidence Act - Appellate Court cannot call for a document the genuineness of which is disputed...........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 68 -- Lease deed - Registered - Execution admitted by the executant - Held, it is not necessary to examine any attesting witness to prove the lease deed...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - DW1 categorically deposed that Will was executed by testator in his presence and also in presence of another attesting witness - Both of them have subscribed their signatures after witnessing execution by testator who also witnessed their attestation - Held, Will has been..........
