Supreme Court of India
Naresh Charan Das Gupta v. Paresh Charan Das Gupta
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, the decision of the High Court is confirmed, and this appeal 1s dismissed, but m the -circumstances, without costs.
Judgment, page 11
From the headnote
Will-Executed witlz due solemnities by a person of competent • understanding-Onus of proving undue infiuence-Undue infiuence -Meaning of-Indian Succession Act, 1925 (XXXIX of 1925), s. 63-Due attestation-Proof of. When once it has been proved that a will has been executed with Jue solemnities by a person of competent understanding and apparently a free agent, the burden of proving that it was executed under undue influence is on the person who alleges it. It is well-settled that it is not every influence which is brought to bear on a testator that can be characterised as "undue". ~ It is open
Where later benches applied it
- 2023 Moturu Nalini Kanth v. Gainedi Kaliprasad (dead, through Lrs.)
- 2007 Apoline D' Souza v. John D Souza
- 1954 Edward Ezra and Another v. The State of West Bengal
Of those, 3 mentioned
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