Supreme Court of India · 1966-09-14
SUBHAS CHANDRA DAS MUSHIB vs GANGA PROSAD DAS MUSHIB AND ORS.
- Citation / case number
- SC 1964/90547
- Court
- Supreme Court of India
- Petitioner
- SUBHAS CHANDRA DAS MUSHIB
- Respondent
- GANGA PROSAD DAS MUSHIB AND ORS.
- Bench
- MITTER, G.K.
Judgment text excerpt
The Supreme Court held that the High Court's approach in presuming undue influence in a gift transaction was erroneous. Under Section 16 of the Indian Contract Act, the court must first assess the relationship between the donor and donee and whether the donee dominated the donor's will. The High Court failed to establish these elements and did not find the transaction unconscionable, leading to unwarranted presumptions. The appeal was allowed, and the trial court's dismissal of the suit was upheld.