Supreme Court of India

Ishwar Dass Jain (dead) through L.rs. v. Sohan Lal (dead) by L.rs.

Neutral citation

Reported as [1999] SUPP. 5 S.C.R. 24

Bench M. Jagannadha Rao and M.B. Stiah JJ.

Decided 29 November 1999

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the extracts from accounts are not "account books" falling within Section 34 of the Evidence Act and are inadmissible.

Judgment, page 16

From the headnote

Civil Procedure Code, 1908-Sec. JOO-Suit for redemption by mortgagor-Claim of mortgagee that mortgage was a sham document to by pass tenancy laws-Mortgagee, claiming to be a tenant paying rent- Mortgagee also questioning title of the mortgagor-Suit dismissed by Trial Court-Findings of Trial Court confirmed in first appeal-Second Appeal dismissed in limine---Without considering vital material-Held, transaction is one of Mortgage-Suit decreed for redemption-Transfer of Property Act, 1882. Civil Procedure Code, 1908-Section 100-Second Appeal-Findings of fact of trial court-When can be

Authorities it was built on

1981 Gangabai W/o Rambilas Gilda v. Chhabubai W/o Pukharajji Gandhi cited by 9
1988 Dilbagrai Punjabi v. Sharad Chandra cited by 7
1997 Smt. Mehrunnisa and Ors. v. Smt. Visham Kumar! and Anr. cited by 1

Where later benches applied it

2019 Thulasidhara & Another v. Narayanappa & Others relied on
2019 S. Subramanian v. S. Ramasamy Etc. Etc. relied on
2012 Hardeep Kaur v. Malkiat Kaur relied on
2008 Dharam Singh v. Karnail Singh and Ors. relied on
2023 Manik Majumder and Others v. Dipak Kumar Saha (dead) through Lrs. & Others referred to
2011 Umerkhan v. Bismillabi @ Babulal Shaikh & Ors. referred to
2013 Nasib Kaur and Ors. v. Col Surat Singh (deceased) through L.rs & Ors. mentioned
2021 M/s Star Paper Mills Limited v. M/s Beharilal Madanlal Jaipuria Ltd. & Ors. not applicable

Of those, 4 relied on · 2 referred to · 1 mentioned · 1 not applicable

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