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..........
Evidence Act, 1872, Section 3 -- Eye witness - A witness who claims to be an eye witness must be in a position to identify accused in Court...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
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..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - PWs are not reliable witnesses and their testimony regarding recovery of tainted money from the floor bristles with infirmity - DW1 and accused on the other hand, established that trap team headed by PW12, had forcibly dragged accused by holding his hand and manhandled the house owner..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- More than one party - Law does not prohibit more than one party to a suit or proceeding to be examined as witness...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - O.18.R.3-A CPC does not specify of order in which parties to a suit or proceeding shall be examined...........
