Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant denied his signature in suit promissory note - Burden therefore, lay on plaintiff to establish that suit promissory note was actually executed by defendant - Though, promissory note does not require registration, however, promissory note in question is attested by two witnesses..........
Will -- Due execution - Neither attesting witness nor scribe of Will was examined - Will being an instrument required to be attested by law, same could not be used as evidence in the light of bar u/s 68 of Evidence Act - Will held, not proved and thus, cannot be used as evidence...........
Rights of Persons with Disabilities Act, 2016, Section 56, 2(r), (s), Constitution of India, 1950, Article 14, 21 -- Person with disability - 40% or more in form of dysgraphia i.e. writer's cramp denied scribe in Civil Services' Examination (CSE) - To confine facility of scribe only to those who have benchmark disabilities would be to deprive class of persons of their..........
Agreement to sell -- Validity - Agreement in question was written by scribe as per evidence of PW1 - Defendant is an illiterate and rustic person - No whisper whatsoever in agreement as to whether contents of agreement have been read over to defendant and that defendant understood the scope of document - In absence of same, merely on basis of some evidence in support of..........
Will -- Execution - Scribe examined but none of the attesting witnesses examined - Testimony of scribe cannot be substituted for testimony of an attesting witness - Defendant one of the two attesting witnesses - One can appreciate that plaintiff would not examine defendant as he will not depose in his favour but it remains unexplained as to why other attesting witness not..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Scribe is not a competent witness to speak about passing of consideration...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
Will -- Execution of - Validity - Testimony of scribe of Will and attesting witness did not refer to presence of other person at time of execution of Will by deceased - Even, evidence of attesting witness reflects that Will was prepared at Sub-Registrar`s Office and not by scribe - Moreover, both scribe and attesting witness did not present consistent and acceptable..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Scribe of FIR not produced by prosecution - Even name of scribe is absent in ejahar - It creates a suspicious circumstance about actual maker of FIR as well as contents therein and naturally doubt will arise to genuinity of contents of ejahar...........
Will -- Execution - Proof - Testator executed Will in favour of his grandsons - Attesting witness of Will not only signed Will as attesting witnesses at the time of execution but also at the time of registration before Sub-Registrar - Statement of attesting witnesses proved due execution of Will apart from evidence of scribe and official from Sub-Registrar's office...........
