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september 1966

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.

SUBHAS CHANDRA DAS MUSHIB vs GANGA PROSAD DAS MUSHIB AND ORS. · Niyam