Search Results Page

Search Results

1 - 10 of 18 (0.24 seconds)
S.L.Mothi Lal vs S.L.Kupplusamy(Died) on 28 March, 2023 cites

Naresh Charan Das Gupta vs Paresh Charan Das Gupta on 2 December, 1954

49. Since the learned Senior Counsel for the appellants would contend that the entire evidence have to be considered for ascertaining as to whether the witnesses have deposed about the execution and attestation of documents, this Court is constrained to refer the above evidence of D.W.2 and D.W.3 in extenso for better appreciation. The learned Senior Counsel for the appellants has relied on the judgment of the Hon'ble Supreme Court in Naresh Charan Das Gupta Vs. Paresh Charan Das Gupta reported in AIR 1955 SC 363, wherein the witnesses P.W.1 and P.W.2 did not say that they signed the Will in the presence of the testator and hence, it was contended that in the absence of such evidence, it must be held that there was no due attestation, the Hon'ble Apex Court by observing that the learned Judges of the High Court were of the opinion that as the execution and attestation took place at one sitting at the residence of P.W. 1, where the testator and the witnesses had assembled by appointment, they must all of them have been present until the matter was finished, and as the witnesses were not cross-examined on the question of attestation, it could properly be inferred that there was due attestation.
Supreme Court of India Cites 3 - Cited by 105 - Full Document

Maria Stella, Karunai Nesam And David ... vs T. Joseph Catherine, T.X. Francis, A. ... on 11 July, 2002

50. The learned Senior Counsel for the appellants has relied on the 37/44 https://www.mhc.tn.gov.in/judis A.S.(MD)Nos.258 and 259 of 2008 judgment of this Court in Maria Stella and others Vs. T.Joseph Catherine and others reported in (2002)3 MLJ 111, wherein it has been held that it is not necessary that the witnesses to speak like a parrot repeating that the testator put his signature/thumb impression in their presence and that the testator putting the thumb impression and that the testator saw the witnesses signing the settlement deed / will.
Madras High Court Cites 19 - Cited by 9 - Full Document
1   2 Next