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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Gangadhar Pradhan – Appellant
Versus
Brundaban Pradhan (Since Dead) by his LRs – Respondent
| Table of Content |
|---|
| 1. appeal under section 100 cpc. (Para 1) |
| 2. background of the gift deed executed for marriage. (Para 3 , 4) |
| 3. trial court awarded the suit based on gift validity. (Para 5 , 6) |
| 4. arguments on behalf of both parties regarding validity. (Para 7 , 8 , 9) |
| 5. examination of evidence by the court. (Para 10 , 11) |
| 6. discussion on powers regarding alienation under hindu law. (Para 14 , 15 , 16) |
| 7. review of case law related to gifts in hindu law. (Para 17 , 18 , 19 , 20) |
| 8. gift being made for pious purposes underscores familial obligations. (Para 21 , 22) |
| 9. gift invalidity without consent is voidable; challenge basis. (Para 23 , 24 , 25) |
| 10. limitation on challenging the deed of gift. (Para 26) |
| 11. conclusion reached by restoring trial court's judgment. (Para 27 , 28) |
JUDGMENT :
1. The Appellant, by filing this Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), has assailed the judgment and decree dated 03.02.1990 and 17.02.1990 respectively passed by the learned Additional District Judge, Balesore in S.J.A. No.19/17 of 1988/86-I.
At this stage, it may be stated that the original Respondent having died, his legal representatives having come on r
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