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1 - 8 of 8 (0.20 seconds)Section 69 in The Indian Evidence Act, 1872 [Entire Act]
Section 90 in The Indian Evidence Act, 1872 [Entire Act]
Section 3 in The Indian Evidence Act, 1872 [Entire Act]
Section 66 in The Indian Evidence Act, 1872 [Entire Act]
Smt. Meera Bhanja vs Smt. Nirmala Kumari Choudhury on 16 November, 1995
Learned counsel for the defendant has placed reliance
upon the judgment of the Supreme Court in Smt Meera
Bharja Vs Smt Nirmala Kumari in support of his
contention that review can be maintained only when the error
apparent on the face of the record, and not a mere error in
the judgment is shown. While dismissing the Second Appeal,
this Court did not at all take into account, the purport of
Sections 68, 69 and 90 of the Act, and the authoritative
precedents, which interpreted the said provisions. This Court
is of the view that a valid case is made out for reviewing the
judgment dated 29.10.2011, rendered by this Court in
S.A.No.1255 of 2010.
The Transfer Of Property Act, 1882
M. L. Abdul Jabhar Sahib vs H. V. Venkata Sastri & Sons & Ors on 4 February, 1969
Attested attested in relation to an
instrument means and shall be deemed always
to have meant attested by two or more witness
each of whom has seen some other person sign
or affix his make to the instrument, or has seen
some other person sign the instrument in the
presence and by the direction of the executant,
or has received from the executant a personal
acknowledgement of his signature or mark, or
of the signature of such other person, and each
of whom has signed the instrument in the
presence of the executant; but it shall not be
necessary that more than one of such
witnesses shall have been present at the same
time, and no particular form of attestation shall
be necessary
Since the very word attested occurred in the definition
itself, it is more in the form of description or explanation of
the phenomenon, than a precise definition of that very
expression. The purport of the same is not difficult to
understand. The provision has been interpreted by the
Honble Supreme Court and various High Courts. For
example : M.L.Abdul Jabhar Sahib Vs H. Venkata Sastri
and Sons and others , it was observed,
.it is to be noticed that the word attested the
thing to be defined, occurs as part of the definition itself.
To attest is to bear witness to a fact. Briefly put, the
essential conditions of a valid attestation under Section 3
are: (1) two or more witnesses have seen the executant
sign the instrument or have received from him a personal
acknowledgement of his signature; (2) with a view to
attest or to bear witness to this fact each of them has
signed the instrument in the presence of the executant. It
is essential that the witness should have put his
signature animo attestandi, that is, for the purpose of
attesting that he has seen the executant sign or has
received from him a personal acknowledgement of his
signature. If a person puts his signature on the document
for some other purpose, e.g., to certify that he is a scribe
or an identifier or a registering officer, he is not an
attesting witness..
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