Will -- Proof of - Testator died within a month of execution of Will - None of witnesses has stated that testator was medically and mentally fit at the time of execution of Will - DW1 in whose favour Will was executed not stated that Will was ever signed by testator in his presence - Even it is the case of defendants themselves that DW1 was not keeping well - Thumb..........
Will -- A document of two sheets - Both the sheets must bear thumb impression of the testator...........
Will -- Proof of - Will in question is a document of two sheets and both these sheets must bear thumb impression of testator - However, attesting witnesses of Will do not depose that testator affixed his thumb marks on both the sheets - Testimony of one of attesting witness of Will reveals that neither he had seen testator signing or affixing thumb impression on Will nor..........
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..........
Evidence Act, 1872, Section 73 -- Will - Comparison of finger/thumb impression over the disputed Will with purported admitted documents - No whisper in the application as to what prevented petitioner for almost seven years from filing applicant before trial Court - Contention that procedural law is for furtherance of justice has no force in the facts of the case because..........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Representation of the Peoples Act, 1951, Section 100, 123 -- Election - Recounting of ballot papers - Court directed for recounting of ballot papers on ground of illegal counting with duplicacy in casting of votes - Election petition does not disclose any specific case of irregularity - Rejection of votes because the voters put their thumb impression instead of putting the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........
Evidence Act, 1872, Section 45 -- Expert opinion - Issue of disputed thumb impression being or not being of one to whom it is attributed is indeed a matter of science as it cannot be reasonably determined one way or the other by the naked eye even of a Judge - a layman on such matters - No error committed by trial Court while allowing application - Besides no prejudice is..........
