Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - If execution is proved there is presumption of consideration - Scribe of pronote in his evidence stated that defendant was not present when he filled up the blank pronote and no consideration was paid in his presence - Attesting witnesses not examined - Held, plaintiff has failed to prove the case..........
Will -- Scribe - Is not an attesting witness...........
Will -- Suspicious circumstances - Statement of witnesses at variance - Scribe not able to withstand cross examination - Facts stated in examination-in-chief not duly corroborated - Will written by scribe at the instance of beneficiaries - Will was never read over before attestation - Will not signed/thumb marked by testator before the attesting witnesses - Held, Will not..........
Will -- validity of-Suspicious circumstances - (i) unnatural disposition, (ii) one of the beneficiaries played crucial and important role in execution-Scribe not able to withstand cross-examination and resultantly answers given do not inspire confidence in the facts spelt out in examination-in-chief-One of the living attesting witness stated categorically that Will scribed..........
Registration Act, 1908, Section 60 -- Endorsement of Sub Registrar - Presumption of correctness - Sale deed - Fraud of sale under garb of Will alleged - Executant being illiterate lady - Endorsement on sale deed by Sub Registrar showing contents read over and explained to vendor - Sub Registrar proved the endorsement - Evidence of marginal witness showing sale deed to have..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of FIR - Forgery of will which was scribed by the petitioner in the ordinary course of his business - Statement of PWs during the course of investigation confined the accusation against `G' alone and they do not bring the petitioner in the net - The FIR and..........
Will -- Suspicious circumstances - Disinheriting wife and three daughters and they left at the mercy of his younger brother and younger brother's son-in-law who made not only executor of Will but also given right to manage properties - No charge created on properties to protect interests of testator's heirs - False recital in will as to gift in favour of daughters in..........
Transfer of Property Act, 1882, Section 122 -- Gift of immovable property - By illiterate lady - Husband neither attested her thumb impression nor identified her - Sufficient to create doubt - All attesting witnesses were strangers and none came to prove execution - Scribe cannot be said to be attesting witness - Execution of gift deed not proved...........
Agreement to sell -- Subsequent agreement but ante dated - Ante dated agreement not scribed by a professional scribe rather it was typed by some typist and not entered in a register - Typist not examined as a witness - No stamp vendor examined to prove about the date of sale of stamp paper - Held, agreement is ante dated and not genuine...........
Will -- Scribe - Whether can be an attesting witness? - Presence of scribe and his signature appearing on the document does not by itself be taken to the proof of due attestation unless the situation is so expressed in the document itself...........
