Supreme Court · 2008 INSC 1392 · Decided 3 December 2008

K. Laxmanan v. Thekkayil Padmini & ORS.

Court
Supreme Court of India
Citation
2008 INSC 1392 · [2008] 16 S.C.R. 1117
Case number
CIVIL APPEAL No. 7082/2008
Decided
3 December 2008
Bench
TARUN CHATTERJEE, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 68; Constitution Article 136

Headnote

16 S.C.R. 1117 K. LAXMANAN v. THEKKAYIL PADMINI & ORS. (Civil Appeal No. 7082 of 2008) DECEMBER 3, 2008 [TARUN CHATTERJEE AND DR.. MUKUNDAKAM SHARMA,. JJ.] Evidence Act, 1872: s.68 - Will - Genuineness of- Burden to prove - Held: Is on the propounder - When there are suspicious circumstances for proving its execution - On facts, scribe and one of attesting witnesses to the Will died before examination - Second attesting witness was not in good physical condition inasmuch as he was not able to speak or move, the fact which was proved by the deposition of the doctor - Consequently,

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)