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..........
Will -- Proof - Merely because word applicant and deponent was written on both the pages of Will by scribe, it cannot be viewed with suspicion, when he successfully proved due execution of Will, more particularly in view of the fact that scribe of Will was not a professional scribe and in fact had not scribed any Will earlier to this...........
