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1 - 4 of 4 (0.19 seconds)Section 58 in The Registration Act, 1908 [Entire Act]
Shamu Patter vs Abdul Kadir Ravuthan And Ors. on 28 January, 1908
In Shamu Pattar v. Abdul Khadir, ILR 35 Mad 607 (PC), the Privy Council accepted the view of this court that attestation of a mortgage deed must be made by the witnesses signing his name after seeing the actual execution of the deed and that a mere acknowledgment of his signature by the executant to the attesting witness would not be sufficient. The amending Act 27 of 1926 modified the definition of the term in the Transfer of Property Act so as to make a person who merely obtains an acknowledgment of execution and affixed his signature to the document as a witness, an attestor. It will be noticed that although S. 3 purports to define the word "attested" it has not really done so. The effect of the definition is only to give an extended meaning of the term of the purpose of the Act; of the word "attest" is used as a part of the definition itself. It is, therefore, necessary first to ascertain the meaning of the word "attest" independent of the statute and adopt it in the light of the extended or qualified meaning given therein. The word "attest" means, according to the Shorter Oxford Dictionary "to bear witness to, to affirm the truth or genuineness of, testify, certify."
Section 52 in The Registration Act, 1908 [Entire Act]
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