Succession Act, 1925, Section 63 -- Person propounding Will - Must prove that Will duly and validly executed - Cannot be done by simply proving that signature on Will that of testator - Must also prove that attestations made properly as required by clause (c) of Section 63 - Section 68 Evidence Act gives a concession that at least one attesting witness has to be called for..........
Consumer Protection Act, 1986, Section 21(b) -- Insurance claim - Surveyor assessed the loss on cash-loss basis at Rs. 3.5 lakh of the vehicle - Claim settled for Rs. 1.60 lakh and petitioner accepted the same as full and final settlement which is signed by him - Legal notice served after two months claiming amount of Rs. 3.5 lakh on the ground that his signature obtained..........
Will -- Suspicious circumstances - Some of the suspicious circumstances are : (i) the propounder taking a prominent part in the execution of a Will, which confers substantial benefits on him; (ii) Shaky signature; (iii) a feeble mind which is likely to be influenced; and (iv) unfair and unjust disposal of property...........
Complicated questions of law and facts -- Summary jurisdiction - Banking service - Alleged wrongfully passing of cheques by the Bank - Not a simple case where signature on the cheques have only to be identified to hold deficiency in service on the part of the Bank, its officials etc. - Complicated questions of law and facts involved - Such type of complaint cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued against loan - However blank cheque alleged to be issued to third person and that the same is misused by the drawer - Person through whom drawer came into contact with drawee and in whose presence money was advanced not examined - Person to whom blank cheque issued not examined though was seen in the Court..........
Banking service -- Complainant alleging that a sum of Rs.45,000/- was withdrawn from her account through cheque by putting fictitious signature - Government expert reported that the disputed signatures on the cheque do not tally with the admitted signature of the complainant - Report of expert appointed by bank cannot be relied upon since he did not take the photographs..........
Motor Vehicles Act, 1988, Section 168, Evidence Act, 1872, Section 65 -- Secondary evidence - Insurance company during inquiry got issued a certificate from the office of DTO certifying that licence was not issued by the licensing authority - Witness who had issued the certificate denied her signature and her handwriting on the certificate - Secondary evidence allowed..........
Promissory note -- Signature admitted - Promissory note alleged to be stamped but unwritten when signed - Held, holder can complete the instrument as a negotiable one and defendant is liable to pay the amount as shown in the instrument. (Negotiable Instruments Act, 1881, S.20)...........
Promissory note -- Signature admitted - Promissory note alleged to be stamped but unwritten when signed - Holder can complete the instrument as a negotiable one - Burden shifts on defendant to prove subsequent writing on promissory note and non-borrowal of amount - Presumption arising in favour of plaintiff - Defendant not able to prove his case - Defendant has to fail...........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Enquiry - Documentary evidence - Photostat copy of sale deed - Writing and signatures of sale deed is required to be proved to be the writing and signature of such person who is purported to has written, or signed upon the document - Photostat copy of a certified copy is not admissible in evidence...........
