Will -- Due execution - Will in favour of plaintiff not denied by defendants - However, they merely rely upon other unregistered Will - Said unregistered Will found not genuine by both the Courts being forged and fabricated document - Both the Courts thus, given adequate reasoning for not believing said document - In absence of pleadings to the contrary followed by issues..........
Evidence Act, 1872, Section 17, 58 -- Admission - Will - Where a party admits execution of document in the nature of a Will which is otherwise proved in accordance with S.63 of Succession Act and S.68 of Evidence Act, it becomes a relevant fact duly proved in the absence of any discretion by Court...........
Will -- Suspicious circumstance - Both the attesting witnesses are the same witnesses as in previous Will - Does not make the Will doubtful, as both the Courts below found that in any village only a few persons are trustworthy confidants for role of testator to be attesting witnesses especially when document like Will is to be executed - No interference warranted in..........
Evidence Act, 1872, Section 74, 64, 77, Civil Procedure Code, 1908, Section 2(17) -- Right to Information Act, 2005 - Response provided under RTI Act - Public Information Officer under RTI Act is a `public officer' and thus response provided by him falls within ambit of a public document which can be proved either by adducing original copy of the same or by filing a..........
Thumb impression -- Thumb impression instead of signing by a literate person - Document not to be doubted merely for this reason - Key characteristic of thumb impression is that every person has a unique thumb impression - Forgery of thumb impression is nearly impossible - Adverse conclusion should not be drawn for affixing thumb impression instead of signing document by a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL is a public document and is admissible in evidence - There is no requirement to call Director of laboratory to get report proved...........
Punjab Rent Act, 1995, Section 20(2), Registration Act, 1908, Section 49 -- Rent agreement - Non-registration of agreement would, per se, neither make agreement as void and liable to be not considered by Court nor would the same make it inadmissible in evidence - Registration if restored to by parties, would have presumption of truth attached to document - However, even in..........
Partition suit -- Long standing entries recorded in 7/12 extracts and also instances of sale that had taken place between defendants - Said transactions were never objected by plaintiff - This silence on the part of plaintiff also speaks for itself and it could have been definitely taken as prima facie indication of previous partition - More so, plaintiff admitted that..........
Evidence Act, 1872, Section 61 -- Proof of a document - Mere marking of exhibit on a document does not dispense its proof - Document has to be proved qua its contents in terms of S.61 of the Act, either by primary or secondary evidence - In the absence of such a burden being discharged while exhibiting the documents, Appellate Court has clearly erred in accepting documents..........
