AI Overview...
- Section 90 of the Indian Evidence Act, 1872 - The Supreme Court has consistently relied on Section 90 to presume the authenticity of documents, particularly when they are over 30 years old and produced from proper custody. The section presumes such documents to be genuine unless proved otherwise G. CHIKKAPAPANNA VS KENCHAMMA - Karnataka, [Manjoor Ali
VS Kishmat Ali -
Allahabad](https://supremetoday.ai/doc/judgement/02500040650), THAVASI, vs PALANIAPPAN - Madras.
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Admissibility of Sale Deeds and Original Documents - The Court often considers sale deeds as primary evidence of transfer of property and relies on Section 90 to accept such documents without requiring witnesses to prove their execution, provided they are properly proved to be genuine and old enough Lakshmamma VS H. B. Sannasiddappa - Current Civil Cases, Sheila Devi VS Santosh Devi - Delhi, MANJOOR ALI VS KISHMAT ALI - Allahabad.
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Presumption and Proof - When a document like a sale deed is more than 30 years old and produced from proper custody, the Court presumes its genuineness under Section 90, shifting the burden of proof to the party challenging it THAVASI, vs PALANIAPPAN - Madras.
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Application in Property and Title Cases - The Supreme Court has used Section 90 to uphold the validity of sale deeds and transfer documents in title suits and possession cases, emphasizing that such documents, when properly proved, serve as conclusive evidence of ownership Municipal Corporation of Delhi VS Amarjit Kaur - Delhi, DANI RAM (SINCE DECEASED) THROUGH LRs VS JAMUNA DAS (SINCE DECEASED) THROUGH LRs - Allahabad.
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Limitations and Exceptions - The Court notes that Section 90 does not apply if the document's genuineness is challenged or if the document is less than 30 years old, and that proper custody and proof are essential for the presumption to hold G. CHIKKAPAPANNA VS KENCHAMMA - Karnataka, [Manjoor Ali
VS Kishmat Ali - Allahabad](https://supremetoday.ai/doc/judgement/02500040650).
Analysis and Conclusion:
The Supreme Court relies heavily on Section 90 of the Indian Evidence Act, 1872, to accept original sale deeds and similar documents as genuine evidence, especially when they are over 30 years old and properly preserved. This provision simplifies proof in property disputes by presuming the authenticity of such documents, thereby facilitating the Court's decision-making process. However, this presumption can be rebutted if the document's authenticity is challenged effectively. Overall, Section 90 plays a crucial role in property and title cases, enabling courts to rely on ancient, properly maintained documents as primary evidence of transfer and ownership G. CHIKKAPAPANNA VS KENCHAMMA - Karnataka, Lakshmamma VS H. B. Sannasiddappa - Current Civil Cases, THAVASI, vs PALANIAPPAN - Madras.
References: - Indian Evidence Act, 1872, Sections 65, 90, 90-A - Supreme Court judgments and legal analyses cited above
Search Results for "Judgement Wherein Supreme Court Relied on Original Sale Deed under Section 90 of Indian Evidence Act"
1998 0 Supreme(Kar) 337 • India - Karnataka
H.N.TILHARI
Indian Evidence Act, 1872-Section 65 (a) and (c)-Admissibility of secondary evidence-only where original is lost or destroyed and ... ... Indian Evidence Act, 1872-Section 90-Document thirty years old or ... ... Indian Evidence Act, 1872-#HL_ST....
• India - Current Civil Cases
K.N.KESHAVANARAYANA
(i) Specific Relief Act, 1963—Section 34—Evidence Act, 1872—Section 90—Title suit— Mere delivery of original title deed by itself ... 90 of Evidence Act—There was no need or occasion on part of plaintiff to have summoned any witnesses to prove it—Plaintiff in his ... oral #HL_START....
2018 0 Supreme(Del) 2222 • India - Delhi
RAJIV SAHAI ENDLAW
over 30 years old under Section 90 of the Indian Evidence Act, 1872. ... The judgment also highlights the application of Section 90 of the Indian Evidence Act, 1872, and the inapplicability of adverse possession ... The court directed the production of the original#HL_END....
2004 0 Supreme(All) 597 • India - Allahabad
TARUN AGARWALA
Presumption - Sale Deed - Indian Evidence Act 1872, Sections 90, 90-A - The court discussed the provisions of Sections 90 and ... Finding of the Court: The court found that the presumption under Section 90 of the Ind....
2023 Supreme(Online)(MAD) 30756 • India - Madurai Bench of Madras High Court
- SECTION 90 OF THE EVIDENCE ACT, 1872 - APPLICABILITY - NON-JOINDER OF NECESSARY PARTIES - PLEA NOT TAKEN IN THE WRITTEN STATEMENT ... A document that is more than 30 years old and produced from proper custody is presumed to be genuine under Section 90 of the Evidence ... The plaintiff was entitled to the relief of mandatory injunction to remove the e....
2009 0 Supreme(All) 3285 • India - Allahabad
PANKAJ MITHAL
(Indian) Evidence Act, 1872—Sections 90 and 90-A—Transfer of Property Act, 1882—Section 6—Code of Civil Procedure, 1908—Section 100 ... relied upon by plaintiffs in his pleadings—Therefore, Section 90-A (2) of Evidence Act would not be attracted—....
2014 0 Supreme(Del) 24 • India - Delhi
VALMIKI J.MEHTA
Evidence Act, 1872 - Section 90 - Civil Procedure Code, 1908 - Order 41 Rule 25 & 27 - Possession - Title ... - Registration of sale deed - Admissibility of - Suit for possession, mesne profits - Trial court decreed the suit in favour of ... deed - Courts below were justified to hold that the sale deed stands proved ....
2004 0 Supreme(All) 599 • India - Allahabad
TARUN AGARWALA
the Indian Evidence Act 1872, as amended by U. ... Presumption - Sale Deed - Evidence Act 1872 - Sections 90, 90-A - The court discussed the provisions of Sections 90 and 90-A of ... of the original document in order to draw a p....
2024 Supreme(Online)(Kar) 37141 • India - Karnataka High Court
MR JUSTICE KRISHNA S DIXIT, MR JUSTICE G BASAVARAJA, JJ
(A) Specific Relief Act, 1963 - Section 34 - Indian Evidence Act, 1872 - Section 90 - Transfer of Property Act, 1882 - Sections 54 ... Indian Evidence Act, and the burden of proof lies on the party challenging it. ... The trial court favored the ....
2016 0 Supreme(Mad) 4037 • India - Madras
S.S.SUNDAR
Indian Evidence Act, 1872 - Sections 19, 58 and 90 - Specific Relief Act, 1963 - Section 38 - Property case ... based on evidence both oral and documentary, this Court finds that no interference is warranted - Second Appeal dismissed ... - Sale Deed - Appellant filed a suit in O.S....
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