38.6c New Delhi, India, Friday, March 29, 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

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email