Will -- Proof - Will if attested by two or more witnesses - It is not necessary for all the attesting witnesses to prove the execution of Will - Same can be proved by calling only one attesting witness...........
Will -- Proof - Will written and signed by testator and two attesting witnesses proved that Will as signed in their presence and subsequently they had also signed the same as attesting witnesses - Sufficient to prove execution of Will...........
Evidence Act, 1872, Section 11, 102 -- Plea of alibi - Burden of proof - It is the burden of accused to prove with absolute certainty that presence of accused at the scene of crime at the time of occurrence was rather an impossibility - He has to adduce positive evidence to prove the plea of alibi and that opportunity arises only when prosecution discharges its burden to..........
Will -- Proof - Party propounding a Will or otherwise making a claim under a Will is under obligation to prove the document...........
Will -- Proof - Party propounding a Will or otherwise making a claim under a Will is under obligation to prove the document...........
Will -- Proof - Will cannot be acted upon unless and until it is duly proved and decided by civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to decide the authenticity, correctness, genuineness of a Will which can only be done by Civil Court...........
Will -- Proof - Will cannot be acted upon unless and until it is duly proved and decided by civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to decide the authenticity, correctness, genuineness of a Will which can only be done by Civil Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
