38.6c New Delhi, India, Thursday, July 18, 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

zero-fir-heres-all-you-need-to-know
Trending Know The Law
Zero FIR: Here’s all you need to know!

Understanding Zero FIR: Bharatiya Nyaya Sanhita Section 154 allows FIR at any police station. E-FIR under Section 173 ensures efficient crime reporting in India.

17 July, 2024 01:25 PM
judicial-activist-ashwini-upadhyay-asks-sc-to-declare-amendment-to-preamble-as-unconstitutional
Trending Judiciary
Judicial activist Ashwini Upadhyay asks SC to declare amendment to Preamble as unconstitutional

Judicial activist Ashwini Upadhyay petitions SC to declare the 42nd Amendment to the Preamble, which added "Socialist," "Secular," and "Integrity," as unconstitutional.

17 July, 2024 05:14 PM

TOP STORIES

bombay-high-court-denies-interim-relief-in-plea-against-1-year-pan-masala-ban
Trending Judiciary
Bombay High Court denies interim relief in plea against 1 year Pan Masala Ban [Read Order]

Bombay High Court denies interim relief to petitioners challenging the 1-year ban on pan masala, citing arguable questions and ongoing similar cases.

12 July, 2024 10:00 AM
sc-collegium-recommends-appointment-of-chief-justices-of-eight-high-courts
Trending Judiciary
SC Collegium recommends appointment of Chief Justices of eight High Courts [Read Order]

SC Collegium recommends appointments of Chief Justices for Delhi, Himachal Pradesh, J&K, Kerala, Madhya Pradesh, Madras, and Meghalaya High Courts.

12 July, 2024 10:55 AM
sc-orders-interim-bail-for-kejriwal-in-ed-case-refers-issues-on-arrest-to-larger-bench
Trending Judiciary
SC orders interim bail for Kejriwal in ED case, refers issues on arrest to larger bench

SC grants interim bail to Kejriwal in ED case, refers arrest issues to larger bench; AAP leader remains in jail due to separate CBI arrest in liquor scam.

12 July, 2024 11:21 AM
hathras-incident-sc-refuses-to-consider-pil-on-inquiry-adequate-compensation
Trending Judiciary
Hathras incident: SC refuses to consider PIL on inquiry, adequate compensation

Supreme Court declines PIL on Hathras stampede inquiry and compensation, directs petitioner to approach High Court for addressing the issue.

12 July, 2024 01:38 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email