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september 1970

Supreme Court of India · 1970-09-09

SHIV LAL & ORS. vs CHET RAM & ORS.

Citation / case number
SC 1966/60500
Court
Supreme Court of India
Petitioner
SHIV LAL & ORS.
Respondent
CHET RAM & ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court ruled that the absence of original acknowledgments and witnesses to verify signatures precludes the application of Section 90 of the Evidence Act, thus failing to establish the authenticity of the documents. It clarified that Section 114(e) of the Evidence Act does not apply as the identification of signatures is not linked to the regularity of acts unless there is a duty to verify. Furthermore, it held that Section 12 of the Redemption of Mortgages (Punjab) Act, 1913 does not extend the limitation period for mortgage redemption, affirming the lower court's dismissal of the suits as time-barred.

SHIV LAL & ORS. vs CHET RAM & ORS. · Niyam