Will -- Proof - If no attesting witness is found - It becomes incumbent upon propounder of Will to prove two facts : (i) that attestation of one attesting witness atleast was in his handwriting; and (ii) that signatures of executant is in his handwriting...........
Will -- Proof - Registered Will - Proof by Sub Registrar - Sub Registrar not present at the time of execution of Will and he not a witness to affixing of signatures by the testator or the attesting witness on the date the Will is purported to have been executed - Sub Registrar, however, stated that when Will was present for registration and registered, signatures of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
Succession Act, 1925, Section 63 -- Execution of Will - Proof - Both attesting witnesses testified that testator affixed his signature on Will in their presence - Will is written in hand of testator - There is no interpolation, correction or any sort of overwriting in Will that can even remotely suggest that it has been tampered in any way - Mere fact that there is no date..........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
Agreement to sell -- Execution - Proof - Document executed on several sheets - Signatures or thumb impression missing on one or two sheets - That by itself may not be a ground to reject entire document or to treat that such a document was not validly executed or that such a document is not a valid document - It all depends on the facts of each case...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - DW1 categorically deposed that Will was executed by testator in his presence and also in presence of another attesting witness - Both of them have subscribed their signatures after witnessing execution by testator who also witnessed their attestation - Held, Will has been..........
Evidence Act, 1872, Section 69 -- Proof of document where no attesting witness is found - S.69 requires the fulfillment of two conditions viz. (i) proving that the attestation of one attesting witness at least is in his handwriting and (ii) proof the signatures of the executants in his handwriting - Both these requirements need to be fulfilled by the same witness...........
Will -- Execution - Proof - Testator executed the Will and the witnesses attested the same at the same sitting - Sufficient compliance with the provision of S.63 Succession Act to prove the Will - Narration of sequence leads to no other inference but the one that testator executed the document in his presence and he put his signatures in the presence of testator...........
Will -- Execution - Suspicious circumstances - Two version available as to where document was scribed - No unanimity on time when document was written - Not established in unequivocal terms that contents of Will were read over and explained to the testatrix and it is after understanding the same to be true and correct, she had put her signatures thereon in the presence of..........
