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SUPREME COURT
L. Nageswara Rao, *M. R. Shah, JJ.
Subramanian – Appellant
Versus
S. Ramasamy – Respondent
| Table of Content |
|---|
| 1. factual background regarding the dispute relating to property. (Para 3 , 4) |
| 2. arguments concerning the high court's jurisdiction and adherence to cpc. (Para 6 , 7) |
| 3. court observations regarding the re-evaluation of evidence. (Para 8) |
| 4. conclusion and outcome of the case; restoration of lower court's judgment. (Para 10) |
1. Leave granted in both the special leave petitions.
3. Feeling aggrieved and dissatisfied with the impugned common Judgment and Order passed by the High Court of Judicature at Madras in Second Appeal Nos.4 and 5 of 2009 by which the High Court while exercising powers under S.100 of the CPC has allowed the said Second Appeals and has quashed and set aside the Judgement and Decree passed by the Trial court as well as the First Appellate Court dismissing the suits and consequently has decreed the suits preferred by the respondent herein - original plaintiff, the original defendant has preferred the present appeals.
5. Shri Siddharth Naidu, learned Advocate has appeared on behalf of the appellant - original defendant and Shri V Prabhakar, learned Advocate has appeared on behalf of the Respondent No.1 - original plaintiff.
The High Court cannot re-evaluate evidence in second appeals under S.100 CPC unless findings are perverse; blending of properties requires clear intent.
The burden of proof in establishing joint family properties, the shift of burden when a nucleus is established, and the requirements for proving a will and codicil under the Indian Evidence Act.
Gift deed / Settlement deed – ‘Consideration’ need not always be in monetary terms – It can be in other forms as well.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
The burden of proof is on the party asserting that the property is joint family property, and unless the foundational facts are established, the property will be deemed to be the self-acquired proper....
(1) Hindu Law – Partition – After joint family property has been distributed in accordance with law, it ceases to be joint family properties and shares of respective parties become their self-acquire....
The remand order can only be made if the trial court skips finding on certain issues or decides the suit only on a preliminary issue. The court found that the trial courts had decided the suits on me....
The court established that for a judgment on admission under Order 12 Rule 6 of the C.P.C. to be granted, the admissions must be unequivocal and clear, and the presence of serious factual disputes pr....
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