Will -- Proof - It has to be proved that Will was signed by the testator, that he was at the relevant time in sound disposing state of mind, that he understood the nature and effect of disposition and had put his signature to the testament of his own free Will and that he had signed it in the presence of two witnesses who attested in his presence and in the presence of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by registered post - No mention therein as to when it was served - There is one signature on A.D. but name is not clear - Defendant denied signatures to be his or his family members in his deposition - Service not proved - Exparte decree set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Charas - Sample not drawn at spot - From FIR nothing clear that sample, as provided under the Act, was drawn at the spot - Alleged sample packet not having signature or thumb mark of accused - It is a technical offence and the safeguards provided in the enactment require a strict compliance - Conviction..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Determination of question of law - Proceedings for specific performance of agreement of sale - Proof of document - Serious dispute by executant that signature on document does not belong to him - Oral depositions of witnesses are contradictory to each other - Signatures of executant not at all proved and he is also..........
Negotiable Instruments Act, 1881, Section 46 -- Pronote - One of the executant admitted his signature and signature of other defendant a forgery - No decree can be passed against the defendant who admitted his signature as the promissory note itself is vitiated by forgery - Rights and liabilities arise only under completed instrument...........
Electricity theft -- Meter tampering - False case of tampering of meters set up with the aid of one of the employees who had gone to the complainant's premises and who had the occasion to misuse his technical knowledge of disturbing the meters - Plea of the OP that the statement/checking sheet bears the signature of complaint - Held that the complainant is a medical..........
Will -- Execution - Proof - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity and proof of the signature of the testator, as required by law, is sufficient to discharge the onus - However, when there are suspicious circumstances, the onus is on the propounder to..........
Will -- Suspicious circumstances - May be regrading the genuineness of the signature of the testator, the condition of the testator's mind, the disposition made in the will being unnatural, improbable or unfair or there might be other indications in the will to show that the testator's mind was not free - All legitimate suspicions should be completely removed before the..........
Evidence Act, 1872, Section 79 -- Presumption - Genuineness of certified copy - Khasra Ex.P2 has been obtained under the signature of Patwari which is not a certified copy as given u/S.76 of the Evidence Act - Held that there is no presumption of its genuineness...........
Banking service -- Negligence - Bank encashed the cheque which bore the signature in Hindi language whereas in the account card of the bank the specimen signatures of the complainant were in English language - Bank encashed the cheque merely on telephonic instructions - Loss to complainant - Deficiency in service proved - Order of the District Forum in ordering the refund..........
