Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
Will -- Not - required to be scribed by a professional scribe...........
Will -- Suspicious circumstance - Reference of sons having been disinherited not made in Will - Will was executed when testatrix was about to undergo a major surgery - No doubt reference to sons had not been given but since Will was not scribed by a professional scribe, therefore she was not having advantage of professional person - Moreover, Will is not required to be..........
Agreement to sell -- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the date of contract itself, however his counsel made a..........
Indian Penal Code, 1860, Section 302, 449 -- Murder - Tower location of mobile of accused - Hand writing document showing tower location - Scribe of hand written document not examined - Linking accused to area where house in which deceased was murdered through medium of said tower location thus, fails...........
Agreement to sell -- Duty of licensed typist to maintain register - Though a typist is not required to maintain the register, however, once a typist is scribing documents, then such typist is performing the duties/functions of a professional scribe, hence, ought to have maintained a register which a licensed professional scribe is required to maintain - In present case,..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 68 -- Suit for declaration - Proof of Will - Evidence of three witnesses clearly states that contents of Will were read over to testatrix - They also deposed that testatrix affixed her thumb mark in the presence of attestors and scribe - In turn, attestors also attested the document in testatrix's presence..........
Suits Valuation Act, 1887 - - Plaintiff filed suit for vacant possession of land underneath her room and demolition of unauthorized construction - As per the agreement, plaintiff is the owner of construction raised on first floor, whereas defendants are owners of construction raised on ground floor - Defendants by examining scribe and witnesses to agreement, duly proved..........
Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should have tendered..........
