CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE

17.12.2025 Court No.01 rpan/08 SAT 22 of 2025 Sri Partha Sarathi Das & Another – Versus –

Smt. Paramita Bakshi Mr. Amales Ray, Mr. Nigam Mittal … for the Appellants.

The instant appeal shall be heard on the following substantial questions of law:

1. Whether the learned first appellate Court substantially erred in law in appreciating the underlying principle and the extent of applicability of the provisions of Section 111 of the Indian Evidence Act, 1872 in the backdrop of a relationship among the defendant/daughter and the plaintiff/father (since deceased), in which the former is in a position of active confidence ?

2. Whether the learned first appellate court erred in law in shifting the onus upon the plaintiff/father (since deceased) to prove the deed exhibited though admittedly the defendant/daughter would be benefitted by the transaction ?

3. Whether the expression ‘in a position of active confidence’ embodied in Section 111 of the Indian Evidence Act, 1872, would be applicable in a fiduciary relationship founded on trust and confidence in between an aged father and his daughter ?

Let the hearing of the appeal be ex