Evidence Act, 1872, Section 137 -- Recall of a witness for further cross examination - Reason stated that on the advice of new counsel, it is realized that some important questions were not put to the witness during his cross examination and that they are very important to substantiate his case - Held, such a reason is wholly unacceptable...........
Will -- Suspicious circumstances - Beneficiary not blood relative - Recital in Will that beneficiary is like his daughter and took care of him like her father - Signatures of testator on admitted documents matched with signatures on Will in terms of characteristics, alignment, line control and so on - One of attesting witness of Will deposed that he saw testator sign the..........
Will -- Proof - Merely because one of attesting witness of Will has a criminal record, that too not proved by plaintiff, cannot be a ground to discard his evidence, as he is not beneficiary of Will and is only a attesting witness...........
Will -- Proof - One of attesting witness to Will specifically stated that testator signed the Will in his presence and in presence of other attesting witness both attesting witnesses signed the same in presence of testator - Testator of Will duly executed Will duly signed by him - No efforts made by plaintiffs to establish that Will does not bear signatures of testator -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Second attesting witness of Will is sought to be produced by way of additional evidence by plaintiff - One of attesting witnesses already examined and plaintiffs never made any attempt to examine second attesting witness, during course of trial which remained pending for almost..........
Evidence Act, 1872, Section 3, 138 -- Credibility of witness - Veracity of witness can only be judged by taking into consideration evidence adduced by him on oath made during course of chief-examination as well as during course of cross-examination and accordingly - In other words, in order to access credibility of witness, Court cannot isolate one segment of evidence or..........
Will -- Suspicious circumstances - Testator 85 years of age at the time of execution of Will - Heath of testator was not good and he being feeble, unsound and debilitated, was unable to take a firm decision - Inconsistencies and contradictions were found in testimony of one of attesting witness - Other attesting witness is not reliable being closely related to defendants -..........
Will -- Suspicious circumstance - Non-mentioning of date of Will - Though no date is mentioned in Will, but month and year of execution is there - However, scribe and one marginal witness of Will proved the Will in Court and Will was executed as per provisions of S.63 of Succession Act - Even otherwise, it stands explained by scribe of Will that mentioning of date upon the..........
Evidence Act, 1872, Section 3 -- Interested witness - Evidentiary value - Evidence of interested witness must be scrutinized carefully for possible inconsistencies - Pedantic approach cannot be applied while dealing with evidence of interested witness...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Allegation that accused gave three stone blows on chest of complainant and also gave teeth bite on the right arms of complainant - However, no recovery of stone was proved - Even otherwise, there is nothing on record which suggests that injury can be related with stone, so story of causing injury with stone not..........
