Supreme Court of India
Shanti Devi v. Daropti Devi and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the learned trial court D did not frame Issue No. 4 in its true perspective.
Judgment, page 4
From the headnote
Succession Act, 1925: s. 63-0nus of proof to establish that Will was validly executed by the testator-Held: ls on beneficiary . . Code of Civil Procedure, 1908: Order Xll Rules 23 -& 23A or XL/ Rule 25-Framing!Reframing of issues-Trial Court wrongly framed fourth issue whereby onus of proof of validity of Will was put on plaintiff and not beneficiary-defendant-Findings on all the issues set aside by High Court and matter remitted in its entirety to the Trial Court-Correctness of-Held, incorrect-High Court ought to have remitted the matter only on the premise that the burden of proof on Issue…
Where later benches applied it
- 2018 Uttaradi Mutt v. Raghavendra Swamy Mutt
- 2009 H.V. Vedavyasachar v. Shivashankara & Anr.
- 2009 Syed Askari Hadi Ali Augustine Imam & Anr. v. State (delhi Admn.) & Anr.
Of those, 1 referred to · 2 mentioned
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