Latest Supreme Court Ruling on Gifts: What You Need to Know

The Court decided, upon the facts of that particular case, that the deed of gift could not be construed as a doty ola so as to disinherit the donee. ... Thambiah contends, however, that the effect of a more recent ruling of this Court in Kandappu v. Veeragathy 2[(1951) 53 N. L. R. 119.] is to limit the operation of this principle to cases where the dowry has been received either before or at the time of the daughter's ....

Court. ... I hereby on my signing this deed do hand over this deed to the same male donees and female donees as a token of the transfer of possession of the said properties hereby conveyed in accordance with the decision of the Supreme Court. ... " I hereby on my signing this deed do hand over this deed to the said male donees and female donees as a token of the transfer of possession of the said properties hereby conveyed in accorda....

the views expressed in the two subsequent decisions of this Court . . . . with the ruling of the Privy Council, but I am bound to follow the decision of the Privy Council ".  While we are undoubtedly bound by the decision of the Privy Council in cases where that decision applies, it is equally clear that we are bound by the decision of the four Judges of the Supreme Court in cases where their decision is in point, unles....

The plaintiff appeals against that ruling. ...   Deed of gift-Construction-Life interest-Absolute title-Proviso inconsistent with absolute gift. ... There is no gift of Ukku one-fifth to the children, if she does not convey it to them; and I do not think we ought to insert such a gift, which would be inconsistent with the absolute gift to Ukku.  In my opinion the proviso must be....

Creasy, C.J., delivered the judgment of the Court as follows: - The distinct and sole issue in this case was whether (as alleged in the words of the libel) " the deed of gift was a fraudulent one got up for the purpose of defrauding creditors." ... But we think it clear that the desire of leaving an inalienable and thoroughly secured family estate, the desire that has been so common in all nations and all ages, was the ruling idea in ....

On August 15, 1913, the defendant executed deed No. 4,277 which was a transfer by way of gift of the property in question to his two nephews, containing certain reservations, conditions, agreements, and restrictions, which are fully set out in the judgment of the Supreme Court. ... Peiris (supra) and outside the ruling of the Privy Council. ... On this point then it is agreed that the ruling below th....

admitted the contention, and he is that where a donor has renounced the right to revoke a deed of gift it becomes irrevocable. The earlier cases on the point will be found reviewed in their judgments. This ruling was approved and followed by Schneider A. C. J. and Maartensz A. ... the donor's legal heir may be open to doubt, but I think there can be no question that the decisions of this Court have established that such a clause is nec....

2023 Supreme(SRI)(SC) 20812

Judge of the Supreme Court Yasantha Kodagoda, P.C., J. I agree. Judge of the Supreme Court ... I set aside the judgment of the High Court and restore the judgment of the District Court and allow the appeal with costs. Judge of the Supreme Court P. Padman Surasena, J. I agree. ... IN THE SUPREME COURT OF THE DEMOC....

Being aggrieved  by the decision of the High Court, the appellant appealed to the Supreme Court. The Supreme Court granted leave to appeal on the following questions. ...     The question of non-acceptance of the Deed of Gift (P2) was raised for the first timi in appeal. The three questions on which leave to appeal was granted by the Supreme Court#HL_....

On appeal, the Court of Appeal affirmed the judgment of the District Court. The plaintiffs appealed to the Supreme Court. Held: 1. ... SIRIYALATHA AND OTHERS SUPREME COURT THURAIRAJA, J. GOONERATNE, J. SAMAYAWARDHENA, J. ... On appeal, the Supreme Court held at 416: In the present case the evidence shows that there were at least two disti....

2014 0 Supreme(AP) 656

The judgment of this Court, which was the subject matter of that very appeal, was reversed. Gift means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or moneys worth, and includes the transfer or conversion of any property referred to in Section 4, deemed to be a gift under that Section From a perusal of the judgment of the Honble Supreme Court in JAGATRAM AHUJAs case (one supra) and other judgme....

2005 0 Supreme(Jhk) 799

(7) If any ruling of a High Court is in conflict with any ruling of the Supreme Court, the ruling of the Supreme Court is always binding to this Commission. It the conflicting rulings of the same High Court are by coordinate Benches, ordinarily the ruling which is later in the point of time will be binding to this Commission. (8) In the case of conflict of rulings of the same High Courts on a point of law which is Involved in a case before this Commission, the one which is gi....

1999 0 Supreme(Gau) 119

Supreme Court pointed out that apart from making a declaration, the donor does nothing else, the gift is invalid. As pointed out above, factually in the present case that is not the position. That was a case where the property of the gift which was in possession of a trespasser and the Supreme Court pointed out that in such a situation mere declaration by the donor and acceptance by the donee is not sufficient to validate the gift. There must also be deliver....

1998 0 Supreme(Mad) 184

For one thing, the decision of the Supreme Court is not to the effect that for a gift to be valid there need not be handing over of possession. But, having regard to the passages quoted from Mullah and Verma and the decision of the Supreme Court itself, nowhere is it stated that handing over of possession was not necessary. But, the authorities are to the effect that mere declaration in the document that possession was handed over would be sufficient to validate a gift. The l....

1987 0 Supreme(Cal) 63

The Supreme Court applied the decision of the Privy Council in the case of H. R. Munro v. Commissioner of Stamp Duties [1934] AC 61. (h) CED v. Godavari Bai [1986] 158 ITR 683 (SC ). In this case, the deceased who was a partner in a firm of bankers issued a cheque for Rs. 3 lakhs in favour of the firm against his account in the firm with the object of making a gift of Rs. 1 lakh each to his three minor grand-nephews. The Supreme Court held that where the gift was made without reservation or qu....