Supreme Court of India

H. Venkatachala Iyengar v. B. N. Thimmajamma & Others

Neutral citation
Bench Venkatarama Aiyar, P.B. Gajendragadkar and A.K. Sarkar JJ.
Decided 13 November 1958

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.

39 Supreme Court benches have cited this judgment.

What the Court ordered

The result is the appeal fails and must be dismissed but there will be no order as to costs in this Court.

Judgment, p. 463

From the headnote

Will-Mode of proof-Onus-Suspicious circumstances-Removal of such suspicion, if part of the initial burden on the propounder-Indian Evidence Act, 1872 (I of 1872), ss. 45, 47, 67, 68-Indian Succession Act, 1925 (XXXIX of 1925), ss. 59, 63. The mode of proving a will does not ordinarily differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by s. 63 of the Indian Succession Act.…

Authorities it was built on

  • Barry v. Butlin
  • Fulton v. Andrew
  • Vellasawmy Servai v. Sivaraman Servai
  • Sarat Kumari Bibi v. Sakhi Chand
  • Surendra Nath Chatterji v. Jahnavi Charn Mukerji

Where later benches applied it

Of those, 2 relied on · 3 referred to · 34 mentioned

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