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november 1982

Supreme Court of India · 1982-11-25

MADHUSUDAN DAS vs SMT. NARAYANI BAI AND OTHERS

Citation / case number
SC 1969/60369
Court
Supreme Court of India
Petitioner
MADHUSUDAN DAS
Respondent
SMT. NARAYANI BAI AND OTHERS
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that in appeals concerning oral evidence, the appellate court must respect the trial court's findings unless there is a clear indication of material irregularity or misapprehension of evidence. The Court emphasized that the fact of adoption must be proved like any other fact, requiring the physical act of giving and taking. The appeal was allowed, reinstating the trial court's decree that the appellant was validly adopted by Jagannathdas and Premwati, thus entitling him to a share in the estate.

MADHUSUDAN DAS vs SMT. NARAYANI BAI AND OTHERS · Niyam