GANGAMMA vs SHIVALINGAIAH — C.A. No. 6898/1999

Case under Section XII-B. Status: Disposed.

Disposed

CNR: SCIN010197941998

Filing Date

03-Dec-1998

Registration No

C.A. No. 6898/1999

Diary Number

19794/1998

Order Date

21-Jul-2004

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Last updated 12-Jun-2026

Acts & Sections

Section XII-B

Petitioner(s)

  1. 1.GANGAMMA

    Adv. S. N. BHAT (Dead / Retired / Elevated)

Respondent(s)

  1. 1.SHIVALINGAIAH

    Adv. P. R. RAMASESH

Case History

  1. Case disposedDisposed

  2. 21-Jul-2004

    ROP - of Main CaseView PDF

  3. 03-Dec-1998

    Case filed

    Registration No. C.A. No. 6898/1999

casestatus.in Summary

Case Summary: Gangamma v. Shivalingaiah (C.A. No. 006898/1999) Outcome: The Supreme Court allowed the appeal and set aside the High Court's judgment, holding that Section 90 of the Indian Evidence Act (presumption regarding 30-year-old documents) does not presume the authenticity of recitals—only signatures and execution. The Court remitted the case to the High Court for proper formulation of substantial questions of law. Key Issue: Whether defendants could contest a 1940 sale deed as a sham transaction despite it being an ancient document with presumed authenticity. Next Steps: Matter remitted to High Court for reconsideration; no costs imposed; application for abatement allowed. This case analysis is maintained by casestatus.in based on publicly available court records.

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