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Robert D' Mello Vs. Henry D'Mello and Anr.
Karnataka
Jul-22-2003
Family
Indian Succession Act - Sections 299; Evidence Act, 1872 - Sections 68 and 71
AIR2004Kant78; ILR2003KAR3153; 2003(5)KarLJ232
proved by reliable and cogent evidence - Presumption is that testator was sane and had sound testamentary capacity. (Evidence Act (1872) Section 114)(B) Succession Act (39 of 1925), Section 61 - Will - Suspicious circumstances.A testamentary disposition of property … construed to have done so in their capacity as attesting witnesses. Section 68 of the Evidence Act requires an attesting witness to be called as … decisions as follows:8. GIRJA DATT SINGH vs GANGOTRI DATT SINGH : AIR1955SC346 . In this case while discussing Section 63 of Succession Act it was held that it cannot be presumed from the mere signatures of two
Tag this Judgment! AI Brief & AskM.S. Thanigachala Pillai Vs. Rukmani Ammal and ors.
Chennai
Mar-07-1988
FamilyProperty
Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68
AIR1989Mad99
form of attestation shall be necessary.'A reference at this stage may be made to Section 68 of the Evidence Act 1872 (hereinafter ' referred to as the Evidence Act for short), which provides that: --'68. If a document is … Will Ex.A.6, learned counsel for the appellant contended that his evidence fell short of t he requirements under Section 63(c) of the Succession Act. Reliance in this connection was placed upon several decisions. On the other hand,
Tag this Judgment! AI Brief & AskD. Suryanarayana and anr. Vs. I. Suryakanthamma and anr.
Andhra Pradesh
Oct-08-2002
Civil
Evidence Act, 1872 - Sections 68; Indian Registration Act, 1908
2003(2)ALT759
the due execution of the Will has to be proved in accordance with Section 68 of the Indian Evidence Act, 1872. Reliance also was placed on the decision referred (2) supra wherein the proof of execution of a mortgage … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised
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Daljit Singh and ors. Vs. Sukhwinder Singh and ors.
Punjab and Haryana
Jul-28-2005
Family
Evidence Act, 1872 - Sections 68; Succession Act, 1925 - Sections 63; Code of Civil Procedure (CPC) , 1908 - Sections 100
AIR2006P& H39; (2006)142PLR146
have successfully proved the same and it satisfied all the necessary requirements of Section 68 of the Indian Evidence Act, 1872 (for brevity, '1872 Act') and Section 63(c) of the Succession Act, 1925 (for brevity, '1925 Act'). The Supreme … considered Section 68 of 1872 Act and Section 63(c) of 1925 Act. The combined reading of both the sections and their interpretation is available in para 10 of the judgment which reads as under:.On a combined reading
Tag this Judgment! AI Brief & AskK. Laxmanan Vs. thekkayil Padmini and ors.
Supreme Court of India
Dec-03-2008
Family
Evidence Act, 1872 - Sections 68 and 69; Indian Registration Act, 1908; Code of Civil Procedure (CPC) - Order 6, Rule 1
AIR2009SC951; 2009(2)ALT1(SC); 2009(1)AWC550(SC); 2009(1)KLT29(SC); 2008(15)SCALE551; (2009)1SCC354; 2009AIRSCW10; 2009(1)LHSC434
not examined.10. Counsel appearing for the appellant by referring to the provision of Section 68 of the Indian Evidence Act, 1872 (for short `the Act') submitted before us that examination of at least one of the attesting witnesses is … to both the documents were not examined.10. Counsel appearing for the appellant by referring to the provision of Section 68 of the Indian Evidence Act, 1872 (for short `the Act') submitted before us that examination of at
Tag this Judgment! AI Brief & AskBharpur Singh and ors. Vs. Shamsher Singh
Supreme Court of India
Dec-12-2008
Family
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68, 69, 70 and 90
AIR2009SC1766; 2009(2)ALT33(SC); 2009(1)AWC873(SC); JT2009(1)SC590; 2009(1)SCALE481; (2009)3SCC687; 2009AIRSCW1338; 2009(1)LHSC577; 2009(3)KCCRSN84
itself would not mean that the statutory requirements of proving the Will need not be complied with. INDIAN EVIDENCE ACT, 1872 Sections 68, 69 &70: [S.B.Sinha & Cyriac Joseph,JJ] Will - Nature of proof required- Held, The provisions of Section 90
Tag this Judgment! AI Brief & AskSugumal Duraisingh Vs. Annamani Ammal
Chennai
Aug-14-2009
Family
Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 32, 47 and 63; Indian Registration Act, 1908; ; Hindu Adoptions and Maintenance Act, 1956; Hindu Law
(2009)8MLJ591
as Ex.P2. At this juncture, it would be more useful to look into Section 68 of the Indian Evidence Act, 1872 and also Section 63 of the Indian Succession Act, 1925. Section 68 of the Indian Evidence Act, 1872 … have been examined for the purpose of proving the due execution and attestation of Ex.P2 as contemplated under Sections 68 of the Indian Evidence Act, 1872 and also under Section 63 of the Indian Succession Act, 1925. Therefore,
Tag this Judgment! AI Brief & AskParwatibai W/O Namdeo (Died. Her L.R.) Anna S/O Sheku Chavan Vs. Ramra ...
Mumbai
Sep-21-2001
FamilyProperty
Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 22, Rule 10 - Order 43, Rule 1(1); Evidence Act, 1872 - Sections 68
2002(2)ALLMR788; 2002(3)BomCR318
other hand, the learned Advocate Shri Agrawal vehemently urged that the mandate of section 68 of the Indian Evidence Act, 1872 has not at all been complied with and, therefore, the decision of the learned District Judge is perfectly … the propounder of the Will should have examined one of the attesting witnesses. Relying on the mandate of section 68 of the Indian Evidence Act, the learned District Judge allowed the Misc. Civil Appeal filed by Ramrao
Tag this Judgment! AI Brief & AskSohan Singh and anr. Vs. Amrik Singh and ors.
Punjab and Haryana
Jan-10-2005
Civil
Hindu Succession Act, 1956; Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 41, Rule 27
AIR2005P& H176; (2005)140PLR581
the same time and no particular form of attestation shall be necessary. Under Section 68 of the Indian Evidence Act, 1872, it has been provided that if a document is required by law to be attested it shall not … available to estabalished validity of Will - Thus, no infirmity in impugned order and so, appeal dismissed - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters Patent, 1865, Clause 10: [Dr.
Tag this Judgment! AI Brief & AskYumnam Ongbi Tampha and Ibemma Devi Vs. Yumnam Joykumar Singh and ors.
Supreme Court of India
Mar-06-2009
Family
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68
2009(2)AWC1442(SC); JT2009(4)SC307; RLW2009(2)SC1052; 2009(3)SCALE571; (2009)4SCC780; 2009(2)LHSC1079
63 of the Indian Succession Act, 1925 (in short the `Succession Act') and Section 68 of the Indian Evidence Act, 1872 (in short the `Evidence Act') were not kept in view. The High Court accepted the prayer particularly with … High Court was that no issue was framed regarding the genuineness of the Will, and the requirements of Section 63 of the Indian Succession Act, 1925 (in short the `Succession Act') and Section 68 of the Indian
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