Attesting witness -- If a person puts his signatures on the document for some other purpose i.e. to certify that he is a scribe or identifier or a registering officer, he is not to be treated as an attesting witness...........
Evidence Act, 1872, Section 68 -- Document - Proof - Document required to be attested is to be proved by examining atleast one attesting witness - However, when execution of a document is not denied it is not necessary to prove the document by examining any scribe or attesting witness or the executant, more so in respect of a registered document...........
Will -- Suspicious circumstances - Disinheriting wife and three daughters and they left at the mercy of his younger brother and younger brother's son-in-law who made not only executor of Will but also given right to manage properties - No charge created on properties to protect interests of testator's heirs - False recital in will as to gift in favour of daughters in..........
Will -- Scribe - Whether can be an attesting witness? - Presence of scribe and his signature appearing on the document does not by itself be taken to the proof of due attestation unless the situation is so expressed in the document itself...........
Will -- Scribe - A scribe of the Will cannot be an attesting witness of the Will unless he signs the document with an intention of attesting the same...........
Will -- Suspicious circumstances - Will alleged to be executed on 4.3.1971 was not produced till 15.2.1982 - Register of the scribe was not page marked and Will was an unregistered document - Testator was a Granthi knowing Gurmukhi well but had singed the Will in Urdu, which is improbable - Plaintiffs have not been able to remove the suspicious circumstances...........
Sale deed -- Proof - Agreement to sell on the basis of which sale deed executed not produced on record is of no consequence when sale deed is proved by attesting witnesses, the scribe of the document, the Clerk from the Treasury Office regarding purchase of stamps and also the evidence of Sub Registrar...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Party seeking to lead secondary evidence should lay a proper foundation for it in pleadings as to the executant of document, in whose favour it was executed, contents, attestors, scribe, etc. - Laying of proper foundation is a condition precedent for permitting secondary evidence...........
Pronote -- Endorsement acknowledging debt - Non examination of scribe of endorsement not a lacuna - Endorsement not a document required by law to be attested or scribed - Endorsement can be written by parties themselves...........
Land Acquisition Act, 1894, Section 4(1), 51A -- Sale deeds - Vendor or vendee should be examined - If they are not available scribe of the document may be examined - Marking of the certified copy is not sufficient unless vendor or vendee is examined...........
