Tag: documentary evidence

Supreme Court Judgment: Family Gifts & Registered Deeds Matter More Than Authority Claims
23Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Judgment: Family Gifts & Registered Deeds Matter More Than Authority Claims

The Supreme Court upheld the exemption from Open Space Reservation charges under Annexure XX of the Development Regulations, applicable to holdings below 3000 square metres. It affirmed that a lawful pre-1975 subdivision, evidenced by registered deeds and revenue records, created a separate holding, preventing the authority from notionally recombining it with a larger parent estate to levy charges. Facts Of The Case: The property originated from the estate of Haji Syed Ali Akbar Ispahani. Following a 1949 partition, 21 grounds in Nunganbakkam were allotted to his son, Syed Jawad Ispahani. In 1972 and 1973, Syed Jawad gifted 11 grounds to his own son, Syed Ali Ispahani, via registered deeds, and separate pattas were issued for this holding. In 1984, Syed Ali gifted a small portion (125 sq...
Read More
Supreme Court on Oral Gifts: Why Possession is Key in Muslim Law (Hiba)
1Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Oral Gifts: Why Possession is Key in Muslim Law (Hiba)

The Supreme Court clarified that a valid Hiba (gift under Muslim Law) requires conclusive proof of declaration, acceptance, and delivery of possession. Mere oral claims or a memorandum are insufficient without contemporaneous evidence of the donee acting upon the gift. The Court also emphasized that declaratory suits must be filed within three years from when the right to sue first accrues, and long delays can render a suit barred by limitation. Facts Of The Case: Khadijabee was the original owner of an agricultural land. She allegedly made an oral gift (Hiba) of 10 acres to her daughter, Syeda Arifa Parveen (the Plaintiff), in 1988, followed by a memorandum of gift in 1989. After Khadijabee's death in 1990, her husband, Abdul Basit, mutated the entire property in his name. In 1995, ...
Read More
Supreme Court Interprets New MV Act Law: Injury Claims Survive to Legal Heirs
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Interprets New MV Act Law: Injury Claims Survive to Legal Heirs

This Supreme Court judgment clarifies that under Section 167(5) of the Motor Vehicles Act, 1988, inserted by Act 32 of 2019, the right to claim compensation for personal injuries survives to the legal representatives of an injured person upon their death. This survival of the cause of action is applicable irrespective of whether the death has any nexus to the accident injuries. The Court thus overruled the contrary view taken in Bhagwati Bai. Facts Of The Case: The case originated from a motor accident in which the original claimant, Dhannalal, suffered injuries that resulted in 100% disability. He initially filed for compensation before the Motor Accidents Claims Tribunal. Dissatisfied with the awarded amount, he appealed to the High Court, which enhanced the compensation. Still see...
Read More
Supreme Court Upholds 25% Future Prospects, Awards Consortium to All Children in Accident Case
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds 25% Future Prospects, Awards Consortium to All Children in Accident Case

The Supreme Court enhanced compensation by determining the income of a deceased mason, a skilled labourer, without documentary proof, by applying judicial precedent and accounting for inflationary trends. It upheld the application of standard multipliers, future prospects, and conventional heads as per established principles in motor accident claim jurisprudence. Facts Of The Case: The case arose from a motor accident that resulted in the death of the sole breadwinner of a family. The deceased, a 43-year-old mason, was claimed by the appellants (his wife and three minor children) to have been earning an income of ₹400 per day. However, as there was no documentary proof of his earnings, the Motor Accidents Claims Tribunal adopted a lower daily wage of ₹189, a figure which was later confir...
Read More
Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings

The Supreme Court held that an appellate court must examine the pleadings of the party seeking to lead additional evidence under Order XLI Rule 27(1) CPC. Permission to adduce such evidence cannot be granted unless the case sought to be established is already pleaded. The matter was remanded for reconsideration on this legal principle. Facts Of The Case: The plaintiffs, Iqbal Ahmed and another, filed a suit for specific performance of an agreement to sell dated 20.02.1995 against the defendant, Abdul Shukoor. The plaintiffs claimed they had agreed to purchase the defendant's house property for ₹10,67,000, having paid ₹5,00,000 as advance. They pleaded that they had sold their own immovable properties to arrange the funds for this purchase and were always ready and willing to perform thei...
Read More
Supreme Court Rules: Pre-Independence Documents Hold Highest Value in Tribe Claim
16Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Pre-Independence Documents Hold Highest Value in Tribe Claim

The Supreme Court held that pre-Independence documents carry greater probative value for caste claims and that the affinity test is not a litmus test. It cannot be the sole basis for rejection, especially given modernization and assimilation. The Court emphasized that such claims must be evaluated primarily on reliable documentary evidence. Facts Of The Case: The appellant, Yogesh Madhav Makalwad, sought admission to a medical college based on a caste certificate claiming he belonged to the Scheduled Tribe community of Koli Mahadev. His claim was supported by historical documents, including the 1943 school record of his grandfather, which explicitly mentioned the caste as Koli Mahadev. Subsequent school records from 1975 and 1979 for his father and uncle, as well as his own school record...
Read More
Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling
29Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling

The Supreme Court ruled that a school transfer certificate based solely on an oral declaration, without corroborating proof, is unreliable for determining juvenility. When such evidence conflicts with official documents like a family register, voter list, and medical opinion, the latter must be given precedence to prevent the abuse of benevolent legislation. Facts Of The Case: On August 31, 2011, the appellant's brother, Rajesh, was shot and killed. The First Information Report (FIR) was lodged against Liliu Singh and his son, Devi Singh (Respondent No. 2), under Sections 302 (murder) and 452 (house-trespass) of the Indian Penal Code. The incident allegedly occurred after Liliu Singh and Devi Singh forcibly entered the appellant's house and manhandled his wife. When Rajesh went to confro...
Read More
Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

The Supreme Court held that certified copies of municipal documents, duly certified under Section 376 of the Karnataka Municipalities Act, 1964, carry the same evidentiary value as originals. The failure of the Municipal Council to produce original records despite court orders justified drawing an adverse inference, and a registered sale certificate cannot be invalidated by a mere administrative resolution. Facts Of The Case: The dispute concerned two plots, No. 394 and 395, auctioned by the City Municipal Council (CMC). Respondent No. 2, Prabhudeva, purchased plot No. 395 in a 1973 auction, but his 1988 sale deed erroneously mentioned plot No. 394. Upon realizing this mistake, he applied for rectification in 1992. The CMC's Junior Engineer inspected the site and confirmed the error, lea...
Read More
Supreme Court Settles ISKCON Bangalore-Mumbai Temple Dispute After 20+ Years
25May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles ISKCON Bangalore-Mumbai Temple Dispute After 20+ Years

The Supreme Court ruled on the ownership dispute between ISKCON Bangalore (registered under Karnataka Societies Act) and ISKCON Mumbai (Maharashtra Public Trust) over temple properties. It upheld the Trial Court's decree declaring ISKCON Bangalore as the rightful owner, citing documentary evidence (sale deeds, allotment records) and rejecting claims of fraudulent manipulation. The Court dissolved the oversight committee, emphasizing societies' independent legal status under state registration laws. The judgment clarified that funding sources (even from ISKCON Mumbai) don’t determine ownership, and dismissed ancillary appeals linked to the dispute. Facts Of The Case: The case involved a protracted legal battle between ISKCON Bangalore (registered under the Karnataka Societies Registrati...
Read More