Will -- Execution - Proof - Execution of a Will does not mean proving the signatures of the executors and the attesting witnesses - Will is not an ordinary document - It although requires to be proved like any other document but statutory conditions of S.63(c) of Succession Act and S.68 of Evidence Act cannot be ignored...........
Will -- Execution - Burden to prove that Will is validly executed and is a genuine document is on the propounder - It has to be proved that testator has put his signatures on the will with his free will and at that time he was of sound mind - But if there exists suspicious circumstances, party seeking probate must also adduce evidence to the satisfaction of the Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge liability of another person without creating any document - It does not come u/s 138 of the Act...........
Insurance claim -- Surveyor's report - It is an important document and cannot be wished aside without any compelling evidence to the contrary - If the Surveyor has assessed the salvage value at Rs. 1,65,000 and unilaterally the petitioner has decided to sell the salvage at lower value, he cannot be permitted to take advantage of his wrong...........
Document -- Construction - Whether Will or deed of gift - As per deed title to transfer after death of executor and his wife whichever may occur later - Held, document is a Will and not a gift deed...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 467, 471 -- Forged and fabricated agreement of sale produced in Court - Provision of S.195 Cr.P.C. is not attracted to a case in which a document is fabricated prior to its production or given in evidence...........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Cognizance of offence - Bar of S.195(1)(b) - Held, bar as enshrined under provision of S.195(1)(b)(ii) Cr.P.C. would be attracted only when offence, mentioned in the aforesaid provision, is committed during the time when document was in custodia legis - In present case, allegation that document having been forged was..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Circumstances under which additional evidence can be adduced are : (i) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted; (ii) the party seeking to produce additional evidence, establishes that notwithstanding the..........
Indian Penal Code, 1860, Section 465, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Will alleged to be forged - Civil Court held that Will is genuine - Quashing of FIR sought - Finding of civil court is not binding upon Criminal Court except u/s 41 of Evidence Act - Once civil court held that will is genuine and not forged and such finding..........
Evidence Act, 1872, Section 123, 124, General Clauses Act, 1897, Section 3(58) -- Selection of ineligible candidates by Haryana Public Service Commission - FIR against Chairman and members - Police required record of selection in connection with selection - Commission claiming privilege u/ss 123 & 124 Evidence Act - Held, that any of the activities of the Commission in any..........
