GANGAMMA vs SHIVALINGAIAH — C.A. No. 6898/1999
Case under Section XII-B. Status: 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
Petitioner(s)
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1.GANGAMMA
Adv. S. N. BHAT (Dead / Retired / Elevated)
Respondent(s)
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1.SHIVALINGAIAH
Adv. P. R. RAMASESH
Case History
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Case disposedDisposed
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21-Jul-2004
ROP - of Main CaseView PDF
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03-Dec-1998
Case filed
Registration No. C.A. No. 6898/1999
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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