Judicial Proceedings
Yaseen Mohammad
(Querist) 10 February 2010
This query is : Resolved
Plaintiff filed suit for injunction against defendants. The father of plaintiff alienated the lands 30 years back and also deposed in one suit that he alienated the lands to others along with defendants. Now the case is the plaintiff filed the suit for injunction on the lands which were alienated by the father of plaintiff long back. Please give a judgment of supreme court or any high court regarding the witness deposed before judicial proceedings can be taken into consideration and it can be presumed.
Parveen Kr. Aggarwal
(Expert) 10 February 2010
Section 80 of the Indian Evidence Act, 1872 is reproduced below:
"Presumption as to documents produced as records of evidence - Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be statement or confession by any prisoner or accused person taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume:
that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken."
Adinath@Avinash Patil
(Expert) 10 February 2010
YASIN GO THROUGH THE SECTION 80 OF INDIAN EVIDECE ACT YOU WILL GET RELIEF.
niranjan
(Expert) 10 February 2010
Even if the deposition is believed tobe true,the alienation could not have been made orally,without any registered document. Transfer of title require regd. documnt.
