attesting witness Archives

Supreme Court bail forged Power of Attorney

Pre-Trial Incarceration Beyond 11 Months Unwarranted Where Strict Bail Conditions Can Adequately Safeguard Prosecution’s Interests; SC Grants Bail

Supreme Court granted bail the appellant, who was alleged to be an attesting witness to a forged Power of Attorney and subsequent sale deeds, after over 11 months of incarceration.

Case Briefs High Courts

‘Mere admission of signatures on paper not admission of Will’; Punjab & Haryana HC rejects probate plea of man whose attesting witness was found untrustworthy

“Attesting witness must satisfy judicial conscience that he saw testator signing the Will being aware of its contents. Attesting witness needs to be trustworthy and truthful.”

Case Briefs Supreme Court

Explained | Distinction between object and purpose of attestation of Will by Witness and Scribe

The instant case revolved around proving the execution of a Will, wherein the Court found that evidence presented by the Will’s propounder and scribe, did not inspire confidence.

Case Briefs High Courts

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs Supreme Court

Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC

Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,