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april 1968

Supreme Court of India · 1968-04-19

GOPAL, KRISHNAJI KETKAR vs MAHOMED HAJI LATIF & ORS.

Citation / case number
SC 1965/314
Court
Supreme Court of India
Petitioner
GOPAL, KRISHNAJI KETKAR
Respondent
MAHOMED HAJI LATIF & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision that a plot of land belonged to a public trust under the Bombay Public Trusts Act, 1950. The Court ruled that the appellant's failure to produce account books, which were crucial for determining the income from the plot, warranted an adverse inference against him. The Court established that even if the burden of proof does not lie on a party, withholding important documents can lead to negative implications in legal proceedings.

GOPAL, KRISHNAJI KETKAR vs MAHOMED HAJI LATIF & ORS. · Niyam