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1 - 10 of 13 (0.24 seconds)The Code of Civil Procedure, 1908
Section 68 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
The Transfer Of Property Act, 1882
Section 3 in The Indian Evidence Act, 1872 [Entire Act]
The Government Of Andhra Pradesh And ... vs Bala Musalaiah And Others on 23 November, 1994
27.In 2012-4-L.W.461 (Kamalambal (died) etc., & others Vs.
Bala & 2 others), a Learned Single Judge of this Court held as follows:
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
H. Venkata Sastri And Sons By Its Manager ... vs Rahilna Bi And Ors. on 28 July, 1961
“26. The effect of subscribing a signature on
the part of the scribe cannot in our view be
identified to be of the same status as that of the
attesting witnesses. The signature of the attesting
witness as noticed above on a document, requiring
attestation (admittedly in the case of a will the same
is required), is a requirement of the statue, thus
cannot be equated with that of scribe. The Full
Bench judgment of the Madras High Court in
V.Venkata Sastri and Sons V. Rahilna Bi wherein
Ramachandra Iyer, J. speaking for the Full Bench in
his inimitable style and upon reliance on Lord
Campbell's observation in Burdett v. Spilsbury has
the following to state pertaining to the meaning to
be attributed to the word “attestation” (AIR pp 113-
14, paras 3-4)
“(3). . . .The definition of the term
“attested” which is almost identical with that
contained in Section 63(c) of the Indian
Succession Act, has been the result of an
21
https://www.mhc.tn.gov.in/judis
S.A.No.612 of 1996
amendment introduced by Act 27 of 1926. Prior
to that amendment it was held by this Court that
the word 'attested' was used only in the narrow
sense of the attesting witness being present at the
time of execution.
Babu Singh & Ors vs Ram Sahai @ Ram Singh on 30 April, 2008
26.This judgment was referred with approval by the Hon'ble
Supreme Court in (2008) 14 Supreme Court Cases 754 (Babu Singh
and others Vs. Ram Sahai Alias Ram Singh).