Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution and proof - Testator a Senior Lawyer - Will scribed by his junior, who is also one of the attesting witnesses - Both the attesting witnesses fully supported the Will by stating all the necessary facts - Nothing abnormal or unnatural in the Will - Signature of the testator on the Will not..........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 101 -- Promissory note - Containing signature of one witness but his name not mentioned - Said witness not examined - Execution not proved - Merely because the document bears the signatures of executant it does not amount to accepting the liability in view of specific denial of execution of..........
Prevention of Corruption Act, 1988, Section 19, 20, Evidence Act, 1872, Section 67, 76, 77, 78 -- Sanction for prosecution - Proof - Sanction for prosecution issued in name of Governor and authenticated by Secretary to Govt. - Signature of Governor identified by witness who was familiar with his signatures - Held, sanction order is validly proved...........
Will -- Execution - Proof - Testator hale and healthy and in sound state of mind at the time of execution of Will - No evidence to show exercise of any fraud or undue influence at the time of execution of Will - Will signed by attesting witnesses and scribe who were duly examined - Will duly registered - Registering Officer and identifying witnesses affixed signatures to..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- `Alteration in date and drawer's signature differ' - Cheque dishonoured - Accused can show that alteration in date or signatures are made not because of insufficiency or paucity of funds - If accused shows that in his account there were sufficient funds to clear the amount of cheque at..........
Evidence Act, 1872, Section 24, Railways Property (Unlawful Possession) Act, 1966, Section 3(a) -- Theft of railway property - Confession - Confessional statement did not contain date, time, place and name or signature of witnesses present at the time of recording of such statements - Even though pond from which recovery was made adjacent to a petrol pump open for 24 hours..........
Negotiable Instruments Act, 1881, Section 4, Civil Procedure Code, 1908, Order 26, Rule 10 -- Pronote - Age of ink in signature and body of pronote - Plea of signatures obtained on blank paper - Held, it would be just and proper exercise of discretion to send the document to Handwriting Expert for his opinion as regards the age of inks in signature and body of pronote...........
Evidence Act, 1872, Section 4, 73, Constitution of India, 1950, Article 23 -- Specimen of handwriting or thumb impression of person in custody - Article 23 of the Constitution was not infringed by taking the specimen handwriting or signature or thumb impressions of a person in custody...........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Comparison of disputed signature with the admitted ones involves specialized skill based on study, as such it comes within scientific investigation. (AIR 1987 Orissa 7 (D.B.) followed)...........
Civil Procedure Code, 1908, Order 37, Rule 1, Evidence Act, 1872, Section 73 -- Summary suit for recovery of money - Based on pronote-cum- receipt - Leave to defend - Permission of - Condonation of delay by Court after consideration - Signature on encashment - Proof of execution of pronote duly proved by evidence - No reason to disbelieve the evidence - Suit rightly..........
