Will -- Execution - Suspicious circumstances - Two version available as to where document was scribed - No unanimity on time when document was written - Not established in unequivocal terms that contents of Will were read over and explained to the testatrix and it is after understanding the same to be true and correct, she had put her signatures thereon in the presence of..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Initial burden discharged by promisee - Burden shifted to maker to prove that promissory note was not supported by valid consideration - Maker miserably failed to send reply to demand notice of plaintiff-promisee - Maker having denied his won documents and his own signatures found in..........
Negotiable Instruments Act, 1881, Section 138,87,20 -- Dishonour of cheque - Filling the blanks in the cheque by complainant - Expert evidence - Contention that complainant filled up contents of cheque and misused the same - Accused neither disputed his signatures on said cheques nor issuance of same to complainant - Held, proof of filling up of negotiable instruments by..........
Will -- Execution - Proof - There is no requirement of law that attesting witness should be knowing the contents of Will - The only requirement is that the testator of the Will should put his signature or thumb mark as the case may be in presence of two or more witnesses and that the said witnesses also should put their signatures in presence of the testator...........
Will -- Execution - Proof - Executant used to sign but thumb marked the Will - However, there is only one signature of executant which is a copy of a passport wherein signatures are in a haphazard manner - On other documents available on record such as vaklatnama and power of attorney filed in a suit against appellant, executant has thumb marked - Handwriting expert gave..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Complainant placed reliance on bankers note informing complainant regarding signatures being different - Contention of complainant that signatures of petitioners tallied with signatures on disputed cheque - Held, complainant cannot now turn around and state that signatures of petitioners tallied..........
Evidence Act, 1872, Section 47 -- Letters - proof - Witness specifically stating that he knows the signatures of accused Nos.1 and 2 and could identify the same - Held, original letters purporting to have been signed by and received from accused Nos.1 and 2 could be admitted in evidence...........
Will -- Execution - Proof - Legal requirements for proving execution of Will summarised as : (1) A Will like any other document is to be proved in terms of provisions of Indian Succession Act and the Indian Evidence Act; (2) Onus of proving the Will is on the propounder; (3) Testamentary capability of the propounder must also be established; (4) The execution of the Will..........
Will -- Execution - Proof - Placement of signatures of testator on the document - Signature of the testator appearing at the right hand bottom part of the Will - Placement of signature clearly suggest that document was intended to be given effect as a Will...........
Will -- Execution - Proof - Deposition of attesting witnesses that testator had executed a Will in favour of appellant and signed the same in their presence - Signatures of testator appearing at the right hand bottom part of the Will which is appropriate and suggestive of the fact that document was intended to be given effect to as a Will - Attesting witnesses singed the..........
