Succession Act, 1925, Section 63 -- Registered Will - Proof of Execution - Mere registration of the Will does not prove its execution - Without examination of attesting witness, simply on the statement of scribe & registration clerk, execution of Will cannot be proved - Evidence Act, 1872, Sections 67 & 68...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Chemical Examination Report - Word 'Liquor' mentioned in the beginning - Details of analysis given in the entire report pertained to the samples of poppy husk - It is a bona fide mistake on the part of scribe of report on account of which word 'Liquor' had been written - No benefit can be..........
Will -- Suspicious circumstances - Statement of witnesses at variance - Scribe not able to withstand cross examination - Facts stated in examination-in-chief not duly corroborated - Will written by scribe at the instance of beneficiaries - Will was never read over before attestation - Will not signed/thumb marked by testator before the attesting witnesses - Held, Will not..........
Will -- validity of-Suspicious circumstances - (i) unnatural disposition, (ii) one of the beneficiaries played crucial and important role in execution-Scribe not able to withstand cross-examination and resultantly answers given do not inspire confidence in the facts spelt out in examination-in-chief-One of the living attesting witness stated categorically that Will scribed..........
Will -- Execution - Proof - Scribe - Scribe also witnessed will - Scribe examined as a witness in proof of Will - Held, disputed Will was duly executed as examination of scribe amounted examining of attesting witness...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Expert - Examination in rebuttal - Will - Initial onus to prove on plaintiff is discharged on examination of scribe and attesting witnesses - Examination of an expert in the first instance is not essential - If the defendant examines a handwriting expert, plaintiff can well take it that onus again shifted on him to rebut..........
Will -- Execution - Proof - Scribe - Non examination - No evidence to show that execution of Will was shrouded with suspicion - Will cannot be discarded on ground of non-examination of writer of Will...........
Pronote -- Endorsement acknowledging debt - Non examination of scribe of endorsement not a lacuna - Endorsement not a document required by law to be attested or scribed - Endorsement can be written by parties themselves...........
Will -- Neither registered nor scribed by a regular deed writer- Scribe of Will and attesting witnesses put to lengthy cross- examination by plaintiff put no dent found to have been created in their testimony, to hold that they are not truthful witnesses or had any motive to depose in favour of beneficiary of Will or against plaintiff-held, Will is a genuine document...........
Will -- Sound state of mind - Examination of doctor - Non examination is not fatal when trustworthy evidence of scribe and attesting witnesses is available indicating that testator was in sound health...........
