Discuss the procedure of proving of Document that is required to be Law as contemplated under Section-68 of the Indian Evidence Act, 1872

-



Discuss the procedure of proving of Document that is required to be Law as contemplated under Section-68 of the Indian Evidence Act, 1872

Answer:-Section-68 of the Indian Evidence Act, 1872 said that, a document required by law to be attested shall not be used in evidence until one attesting witness has been called for the purpose of proving execution, if there be attesting witness alive and subject to process of Court and capable of giving evidence.
1. When until one attesting witness is called :- Section 68 of the Indian Evidence Act, 1872 lays down that when a document required by law to be attested, is produced in any judicial proceeding, it shall not be used in evidence, i.e. it shall not be proved and made part of the record unless one of the attesting witness at least is called for the purpose of proving its execution.
     For example- In a will production of at least one attesting witness is essential for the purpose of verified that the deed was signed by voluntarily by the testator. Although the will is registered.
2. When witness may not be called:-Section-68 of the Indian Evidence Act,1872 provides a special rule relating to the proof of the document required by law to be attested. This proviso the necessity of calling an attesting witness is done away with in the case of a registered document (Other than a Will) unless its executed is specifically denied.
    For example-A fill a suit for possession of a property against B. A claim that B exected a mortgage deed in his favour. During trial A produce Mortgage deed and B does not deny the deed then calling of attesting witness is not required, if B deny the deed then the calling of attesting witness is required.

   


Comments

Post a Comment

Popular posts from this blog

IHERING’S SOCIAL INTEREST THEORY: A CRITICAL STUDY

-
Image
IHERING’S SOCIAL INTEREST THEORY: A CRITICAL STUDY INTRODUCTION:-         Ihering was educated at berlin in Germany. He was professor at Basel. His spirit of law was published in four volumes during 1852-1865.later,he published his principle work which translated as ‘Law As Means To An End ‘in 1913.In this work he criticised the nation of individual freedom and liberty as advocated by Kant and Bentham as they had divorce legal theory from social realities .He thus opposed the doctrine of individualism which ,in his view was incompatible to the cause of social justice.Ihring opined that social interest of the society must gain priority over individual interest and the purpose of law should be to protect the interest of the society. His legal philosophy on sociological aspects of law. [1]          Ihering laid the foundation of modern sociological jurisprudence by this insistence on treating law as one of the important ...
Read more

Note on Appeal by Special Leave

-
Image
A Note on Appeal by Special Leave The Supreme Court of India is the Apex Court of India and is the final interpreter of the Constitution and the law. The Court is also known as the guardian and protector of the people’s Fundamental Rights. The Supreme Court is the final Court of Appeal in all Civil, Criminal and other matters and thus helps in maintaining a uniformity of law throughout the territory of India. The Court is held to be the ultimate repository of all judicial powers at National level by virtue of it being the summit Court at the pyramidal height of Administration of Justice in the country and as the upholder and final interpreter of the constitution of India and defender of the fundamental of Rule of Law. The court is duty bound to uphold the constitutional values and enforce constitutional limitations, as the ultimate interpreter of the Constitution ( I.R. Coelho VS State of T.N., AIR 2007 SC 861 ). Articles-132 to 134 and 136 of the Constitution of...
Read more

Introduction PIL in Indian Legal System

-
           PUBLIC INTEREST LITIGATION INTRODUCTION                              Public Interest Litigation which means "litigation in the interest of public". The undeveloped concept of public interest litigation can be traced in the system of ‘ actio popularis ’ of Roman law which permitted anyone in the society to initiate an action for a public delict in the court of law or to bring an action of restitution or injunction for the protection of public property or a religious charitable property. Thus the system of ‘ actio popularis ‘of Roman law can be described as historical basis of the present form of public interest litigation. The Bhopal Gas Disaster (Processing of claims) Act, 1985 which enabled the Union Government to file claims for damages on behalf of the gas victims exhibits a good example of R...
Read more