Supreme Court of India
Ashutosh Samanta (d) by Lrs. & Ors. v. Sm. Ranjan Bala Dasi & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the foregoing discussion, this court finds no infirmity with the findings in the impugned judgment of the High Court.
Judgment, page 10
From the headnote
Evidence Act, 1872 – ss.68, 69, 71 and 90 – Proof of Will – Held: Wills cannot be proved only on the basis of their age – The presumption u/s.90, Evidence Act as to the regularity of docu ments more than 30 years of age is inapplicable when it comes to proo f of wills, which have to be proved in terms of ss.63(c), Succes sion Act and s.68, Evidence Act – There are often situations when wi lls which otherwise may have satisfied the requirements of being a ttested, as provided by law, cannot be proved in terms of the said two provisions, for the reason that the attesting witnesses are not
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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