Will -- Proof - One of attesting witnesses of Will is ignorant about illness of testator, which shows that testator had not signed the Will in his presence - Mandatory procedure for attesting witnesses seeing the testator singing the Will or testator seeing the attesting witnesses signing the Will has not at all been proved - Signature of testator on Will is different..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stand of petitioner/accused that he had borrowed only Rs.1 lakh from complainant and repaid the same, not supported with any materials - Evidences of DW1 and DW2 does not support the stand of petitioner - Petitioner not denied his signature and issuance of cheque but takes a different stand as regards..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Defendant disputed her signature on receipt of payment of Rs.25,000/- - In such circumstances, Court did not take any risk of comparing the signature on disputed receipt with any admitted signature of defendant by invoking S.73 of Evidence Act, rather exercised power u/s 45 of the Act seeking..........
Registration Act, 1908, Section 71 -- Refusal to register a document - Merely because a person admits his signature in the document does not amounts to execution and Sub-Registrar can refuse to register the document if its contents have been denied by its executants...........
Negotiable Instruments Act, 1881, Section 13 -- Negotiable Instrument - Once any negotiable instrument contains the signature of the executants on proper revenue stamp, it amounts to its execution...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When signature on cheque admitted then presumption u/s 139 of the Act shall arise...........
Will -- Proof of - Testator executed Will in favour of defendant Nos. 1 and 2 to the exclusion of his wife - Attesting witnesses of Will and scribe categorically deposed about signature of testator being affixed and their signature on the Will - Suspicious circumstances as contended by plaintiff/wife has been dispelled by defendants, as relationship between testator and..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admits her signature on cheque and issuance of said cheque - However, accused sets up a defence of issuing the cheque by way of security for loan of Rs.50,000, which is not even proved in accordance with law - Evidential burden which was cast on accused is not properly..........
