Evidence Act, 1872, Section 102 -- Burden of proof - Agreement to sell - Mere fact that agreement in question is not fabricated does not absolve plaintiff from burden of establishing that defendants are consenting parties to it - Burden is on plaintiff to establish that after fully knowing about the contents they endorsed their signatures and thumb impression on agreement...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Opinion of handwriting expert would not be conclusive proof and only the comparison of disputed signatures with admitted signatures would be useful, failing which it would be a case of blind leading the blind...........
Will -- Proof - Testator in sound disposing state of mind - Contents of Will explained to testator and he after admitting the contents of same to be true and correct appended his signatures in presence of witnesses and witnesses appended their signatures - Will duly registered - Merely because natural heirs are excluded does not make the Will suspicious - Beneficiary..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Plea of fraud - Every aspect of fraud is required to be pleaded is a recognition of yet another procedure of law namely the law of evidence that places the burden on defendant to set out and prove vitiating circumstances - If plea in defence is forgery such as when defendant pleads that his signatures was on blank..........
Will -- Execution - Proof - It is only after the executant puts his signature, the attesting witnesses shall put their signatures in the presence of the executant...........
Will -- Execution - Proof of Will stands at a higher degree in comparison to other documents - There must be a clear evidence of the attesting witnesses or other witnesses that contents of Will were read over to the executant and he, after admitting the same to be correct, puts his signature in presence of the witnesses - It is only after the executant puts his signature,..........
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...........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Allegations mainly constituting the offence that cheque was signed by P2 who stood guarantor for P1 and cheque was from account of P1 - No Cogent evidence to show that cheque was issued by P2 - No expert has been examined to prove the signatures -..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Agreement of guarantee shows that signatures of P1 and P2 looks to be obtained on blank papers and after these documents have been got typed - Signatures do not look to be appended after scribing of documents - Petitioner liable to be acquitted...........
Evidence Act, 1872, Section 34 -- Suit for recovery - Bahi entry - Bahi signed by defendant - Mere proof of signatures can not be proof of execution of a document - Plaintiff failed to give details of currency notes that were handed over to defendant - Execution of entry not proved - Defendant an illiterate person and it could be that his signatures were taken on a blank..........
