Will -- Proof - One attesting witness examined to prove Will - Attesting witness examined failed to prove due execution of Will as he did not state (i) he and other attesting witness had seen the testator signing or putting his mark on the Will and (ii) he and the other witness have signed the Will as witnesses in the presence of testator...........
Evidence Act, 1872, Section 163 -- Production of document - Gist of S.163 of the Act is that it does not speak of admissibility or relevancy of a document nor does it speak of proof - Only effect of S.163 of the Act is that a party having called for and inspected a document is debarred from objecting to its production for inspection by Court, if document be otherwise..........
Will -- Proof of - Defendant alleges Will in his favour executed by his father - One of attesting witness of Will, DW3 failed to prove the execution of Will, as he did not state anything about fact that Will was executed in his presence and that it was read over to executant, that executant accepted its contents in his presence and that executant signed the Will in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........
Consumer Protection Act, 1986, Section 13(4) -- Medical negligence - Burden of proof - Commission cannot order constitution of a medical board to collect evidence on behalf of complainant - Complainant to produce his own evidence in support of complaint - However, forum constituted under the Act has jurisdiction to requisition a report from any relevant source where it..........
Evidence Act, 1872, Section 58 -- Admission - Admissions in pleadings are judicial admissions and are admissible u/s 58 of the Act and they constitute waiver of proof...........
Evidence Act, 1872, Section 101 -- Burden of proof - Joint family - Partition suit - Initial burden of proving that plaintiff and defendants constituted joint family was on plaintiff - Mere admission that plaintiff was son of defendant no.1 does not lead to presumption that he himself and defendants constituted joint family and were members of joint family...........
Will -- Proof - Propounder of Will is required to prove execution of Will and remove all surrounding suspicious circumstances, but person who is doubting correctness of Will cannot be expected to remain a silent spectator by just pointing out small errors here and there to create doubt...........
Will -- Proof - Execution and registration of Will proved by examination of both attesting witnesses as well as scribe - Scribe also stated that entry of Will was entered in his register and testatrix has thumb marked said entry - No evidence led by plaintiff to prove that testatrix was not in a fit state of mind to execute and get Will registered - Over writings on the..........
Evidence Act, 1872, Section 68 - - Gift deed - Execution - Proof of - Gift deed in favour of defendant was specifically denied by plaintiff - It was therefore incumbent upon defendant to prove the gift deed by calling at least one of attesting witnesses in Court - Since none of attesting witness was examined by defendant, gift deed cannot be tendered in evidence...........
