Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Will -- Proof - Will executed and registered in 1992 and testator remained alive for a period more than 10 years - It is proved that executant as well as both the attesting witnesses were present not only at the time of execution of Will by scribe but they were also present at the time of its registration - No evidence on record that Will was result of undue influence or..........
Settlement deed -- Non-examination of Scribe in Court - Deed of settlement not required to be attested by law - Hence, it is governed by S.72 of Evidence Act - Moreover, settlement deed has been proved by examining the witness to said deed - Even, plaintiff admits that parties are in exclusive possession of respective shares as per deed of settlement - Failure to examine..........
Will -- Proof of - Merely because scribe did not ask for identity of testator, it cannot be held that execution of Will by testator was not proved - Will has to be proved by attesting witnesses and not by scribe...........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Will -- Suspicious circumstance - No evidence on record as to whom testator gave instructions to, to write Will - Scribe has also not been examined - It is also not known as to whether assistance of an advocate or any other trustworthy person was taken by testator in order to make testament and bequeath the property to only son of testator - Will held, not reliable...........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Forging - Scribe specifically stated that he has seen pronote written by him and amount was given - Other witness also supported plaintiffs case while specifically stating that amount in question was given - Plaintiff has duly discharged the initial burden upon him by examining the scribe of the pronote and receipt..........
Will -- Scribe - No need to examine scribe of Will - Only legal requirement is examination of one attesting witness...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant denied his signature in suit promissory note - Burden therefore, lay on plaintiff to establish that suit promissory note was actually executed by defendant - Though, promissory note does not require registration, however, promissory note in question is attested by two witnesses..........
