Agreement to sell -- Specific performance - Scribe not examined - Only scribe could have deposed about the contents of the agreement having been read over and explained to the executant - As the best evidence was withheld despite it being available, Courts below were justified in drawing the adverse inference against the plaintiff - Dismissal of suit - No interference...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non-examination of scribe - Prosecution examined informant who in his evidence before Court affirmed contention in FIR and also proved his signature therein - Held, no, examination of scribe of FIR, prosecution case cannot be wholly dis-believed if otherwise some evidences are available...........
Will -- Suspicious circumstances - Scribe none else, but an Advocate who was representing the defendant in this case before the trial Court - One of the marginal witness was given up in the mid of recording of his statement - Thumb mark of testator instead of close to the text matter/contents of the document was on the last page of the document whereas the thumb..........
Succession Act, 1925, Section 278, 63 -- Letters of Administration - Will scribed at request of testator, who after understanding the Will put his signature - Attesting witnesses thereafter attested the Will - Will was presented for registration and signature of testator identified - Witnesses stated that attesting witness as also identifier and scribe and testator had..........
Evidence Act, 1872, Section 32 -- Dying declaration - Written report lodged by deceased - Evidence of scribe of documents that he wrote down document as per dictation of officer-in-charge of police station and not that he had written the statement, as narrated to him, by the deceased - - Mandatory requirement of S.32 of the Act not complied with - Held, written report not..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma -..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Validity of - Defendant-appellant have examined scribe of gift deeds and attesting witnesses - All of them including appellant DW1 have stated that when he executed the document, he was of sound mind and health - Court below discussed minor discrepancies in testimony of witnesses, minor contradictions in evidence..........
Will -- Execution - Proof - Scribe of Will died and therefore another Deed Writer was examined to prove handwriting of scribe - Defendants have also examined one attesting witness of the Will i.e. Sarpanch - Held, this evidence is sufficient to prove due execution of Will - There was also sufficient justification for testator for executing Will in favour of defendants..........
Will -- Execution of will - Statement of one of the attesting witnesses of the will, recorded in previous suit tendered into evidence - Scribe and Sub Registrar while appearing in the witness box stated that testator had signed/thumb marked the will in their presence and in the presence of other witnesses and they have also signed the same in their presence and in the..........
Will -- Execution - Proof - Neither attesting witnesses nor scribe produced on the ground that all were dead - Held, in such a case Will is required to be proved in accordance with S. 69 of the Evidence Act which they failed to do - Contention that will being more than 30 years old could be presumed to have been duly executed and attested u/s 90 of the Evidence Act..........
