38.6c New Delhi, India, Monday, September 16, 2024
Judiciary

Registered Document is Presumed to be Genuine; Onus to Prove Otherwise is on Person Who Challenges it: Supreme Court [READ JUDGMENT]

By Pavitra Shetty      19 November, 2020 06:23 PM      0 Comments
Registered Document is Presumed to be Genuine; Onus to Prove Otherwise is on Person Who Challenges it: Supreme Court [READ JUDGMENT]

In A suit filed in the year 2001, the plaintiff's case was that the defendants sought her signatures on blank papers in the year 1990 under the guise of preparation and processing of documents for the purpose of getting the estate left behind by their father mutated in their names. 

This suit was dismissed by the Trial Court and the First Appellate Court. The High Court then reversed the concurrent findings and decreed the suit.

In the appeal, the issue arose before the Apex Court was whether a General Power of Attorney and sale deeds purported to have been executed by he plaintiff in the year 1900 is a result of fraud and forgery.

 Another issue, in this case, was whether the suits filed by the plaintiff were within limitation. 

As to the title of the subsequent purchasers, since 1990 it has been proved, there is no reason to doubt that they are bonafide also the petitioners could not prove the existence of fraud.

Thus, the appeal was allowed by the apex court and the decree passed by the High Court is set aside. 

The appeal was heard by the bench comprising Justices AM Khanwilkar and Dinesh Maheshwari.

 

[READ JUDGMENT]



Share this article:



Leave a feedback about this
TRENDING NEWS


TOP STORIES

broadcasting-bill-2024-will-it-destroy-the-content-creator-industry
Trending Know The Law
Broadcasting Bill 2024: Will It Destroy the Content Creator Industry?

The withdrawal of the 2024 Draft Broadcast Bill sparks more debate than clarity, leaving both the media and legal sectors questioning the future of digital regulation.

10 September, 2024 10:49 AM
allahabad-hc-dismisses-review-plea-imposes-1-lakh-fine-for-baseless-allegations-against-senior-advocates-and-judges
Trending Judiciary
Allahabad HC dismisses review plea, imposes ₹1 Lakh fine for baseless allegations against Senior Advocates and Judges [Read Order]

The Allahabad High Court dismissed a review plea, imposing ₹1 lakh costs for misuse of legal process and baseless allegations against senior advocates and judges.

10 September, 2024 11:32 AM
allahabad-hc-trial-courts-prohibited-from-issuing-sec-164-crpc-statements-before-taking-cognisance
Trending Judiciary
Allahabad HC: Trial Courts prohibited from issuing Sec 164 CrPC Statements before taking cognisance [Read Order]

Allahabad HC directs trial courts to stop issuing Section 164 CrPC statements before cognizance, emphasizing confidentiality and Supreme Court rulings.

10 September, 2024 11:53 AM
poker-and-rummy-are-games-of-skill-not-gambling-allahabad-high-court
Trending Judiciary
Poker and Rummy are games of skill, not gambling: Allahabad High Court [Read Order]

The Allahabad High Court ruled that poker and rummy are games of skill, not gambling, and directed authorities to reconsider denied gaming unit permissions.

10 September, 2024 12:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email