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Janki Narayan Bhoir Vs. Narayan Namdeo Kadam

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 63; ;Evidence Act, 1872 - Sections 68, 71 and 114

Reported in : AIR2003SC761; 2003(2)ALLMR(SC)689; 2003(51)BLJR673; (SCSuppl)2003(2)CHN104; 2003(1)CTC308; (2003)2GLR1493; JT2002(10)SC340; (2003)2SCC91; [2002]SUPP5SCR175; 2003(1)LC708(SC

required by law, having regard to Section 63of Indian Succession Act read with Section 68 of the Indian Evidence Act, 1872 the attestation of will by two witnesses was not established; the High Court committedan error in treating … think it appropriate to look at the relevant provisions, namely, Section 63 of the Indian SuccessionAct, 1925 and Sections 68 and 71 of the Indian EvidenceAct, 1872 which read:Section 63 of the Succession Act'63. Execution of unprivileged wills.-

Sarvjit Singh Sareen Vs. Mrs. Ritu Menon and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 57, 63, 87, 111, 112, 113, 114, 115, 116, 118, 119, 120and 138; Evidence Act 1872 - Sections 68; Uttar Pradesh Zamindari Abolition Act - Sections 169; Transfer of Property Act, 1882 - Sections 19 and 21; Hindu Law

Reported in : 166(2010)DLT242

in terms of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act 1872. It is urged that the contents of the Will in fact would show the real intent of … It is contended that the defendants' position that the life interest so created is valid by reason of Sections 115 and 119 of the Act, is incorrect.45. It is urged that firstly, Section 115 has no application

Smt. Mira Bai Vs. Jai Singh and ors.

Court : Rajasthan

Subject : Civil

Acts : Evidence Act, 1872 - Sections 64, 66, 68 and 89; Code of Civil Procedure (CPC) , 1908 - Order 13, Rule 4; Registration Act, 1908 - Sections 57(5)

Reported in : AIR1971Raj303; 1970(3)WLN724

secondary evidence of the same was inadmissible. He also held that as required by Section 68 of the Evidence Act, one of the attesting witnesses to the mortgage deed should have been called for the purpose of proving … produce the mortgage deed, secondary evidence of the same was inadmissible. He also held that as required by Section 68 of the Evidence Act, one of the attesting witnesses to the mortgage deed should have been called

Arun Kumar Sharma Vs. Ashok Kumar Sharma and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 8 and 63; Evidence Act - Sections 68 and 71

Reported in : 2007(95)DRJ314

evidence of Sinkar, the only attesting witness, does not satisfy the mandatory requirements of Section 68 of the Evidence Act. We are not in a position to accept the contention urged on behalf of the respondent that the … Mr. S.L. Dutta, who is the only attesting witness. The Will did not fulfill the mandatory requirement of Sections 63 Clause (c) of the Indian Succession Act, 1925. The petition filed by the appellant was dismissed on

Chhuttan Lal Vs. Shanti Prakash and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Evidence Act, 1872 - Sections 68

Reported in : AIR1981All50

on the ground that the appellant Chhuttan Lal did not prove the gift-deed in accordance with Section 68, Evidence Act by examining an attesting witness.2. The suit was filed on 17-4-68 during the lifetime of Munshi Lal who … can succeed on the ground that the appellant Chhuttan Lal did not prove the gift-deed in accordance with Section 68, Evidence Act by examining an attesting witness.2. The suit was filed on 17-4-68 during the lifetime of

Brij Raj Singh [Dead] by L.Rs. and ors. Vs. Sewak Ram and anr.

Court : Supreme Court of India

Subject : CivilProperty

Acts : Transfer of Property Act, 1882 - Sections 3 and 123; Evidence Act, 1872 - Sections 68, 69 and 90; Indian Registration Act, 1908 - Sections 35; Transfer of Property Act, 1882 - Sections 59

Reported in : AIR1999SC2203; JT1999(3)SC298; (1999)3MLJ117(SC); RLW1999(3)SC434; 1999(2)SCALE690; (1999)4SCC331; [1999]2SCR779; 1999(2)LC837(SC)

the learned Senior Counsel, the examination of one attesting witness satisfies the requirement of Section 68 of the Evidence Act. He also submitted that even one attesting witness need not have been examined in view of proviso to … the merits of the arguments. For the appellants, it is argued that by compliance with the provision of Sections 68, 69 and 71, Evidence Act, a party succeeds only in making the mortgage-deed, or any other deed, like

K.M. Varghese and ors. Vs. K.M. Oommen and ors.

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 63, 276 and 278; Code of Civil Procedure (CPC) , 1908 - Sections 100; Evidence Act, 1872 - Sections 68; Indian Law

Reported in : AIR1994Ker85

be made to the statutory provisions which govern the proof of documents. Sections 67 and 68 of the Evidence Act are relevant for this purpose. Under Section 67, if a document is alleged to be signed by any

Surendra M. Khandhar Vs. Assistant Commissioner of Income Tax

Court : Mumbai

Subject : Direct Taxation

Reported in : [2001]76ITD121(Mum)

be discharged The rules of evidence pertaining to burden of proof are embodied in Chapter VII of the Evidence Act. The phrase 'burden of proof' has two meanings - one the burden of proof as a matter of … also added an amount of Rs. 5,70,000 under the provisions of section 68, being loans from concerns figuring in Annexure A 3. He disallowed interest … is claimed that the said statement dated 20-12-1991 does not answer the requirements of any of the relevant sections of the Income Tax Act and so, it is actually an invalid statement and as such, the admission

Ram Ratan Misra and anr. Vs. Smt. Bittan Kaur

Court : Allahabad

Subject : Civil

Acts : Evidence Act, 1872 - Sections 68, 71 and 154

Reported in : AIR1980All395

case came under the proviso to Section 68 or fell within the ambit of Section 17 of the Evidence Act. Learned counsel also contended that the provisions of Section 68 are mandatory and cited certain reported decisions. Learned … the case I direct the parties to bear their own costs of this appeal. Civil - evidence - Sections 68, 71 and 154 of Evidence Act, 1872 - execution of mortgage deed - mortgage deed is required to

Robert D' Mello Vs. Henry D'Mello and Anr.

Court : Karnataka

Subject : Family

Acts : Indian Succession Act - Sections 299; Evidence Act, 1872 - Sections 68 and 71

Reported in : AIR2004Kant78; ILR2003KAR3153; 2003(5)KarLJ232

or can be 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 a witness to prove the due execution and attestation of … 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