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    <title>1966 (9) TMI 146 - Supreme Court</title>
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    <description>The Supreme Court allowed the appeal, setting aside the High Court&#039;s judgment and decree, and reinstated the trial court&#039;s decision. The High Court&#039;s presumption of undue influence based on relationship and circumstances was found to be incorrect as there was insufficient evidence of incapacity or dominance. The plaintiff failed to establish a case of undue influence with conflicting pleadings. The burden of proof in cases of alleged undue influence lies with the accuser, and the High Court&#039;s approach was deemed flawed. Costs were awarded against the respondents.</description>
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    <pubDate>Wed, 14 Sep 1966 00:00:00 +0530</pubDate>
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      <title>1966 (9) TMI 146 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=178605</link>
      <description>The Supreme Court allowed the appeal, setting aside the High Court&#039;s judgment and decree, and reinstated the trial court&#039;s decision. The High Court&#039;s presumption of undue influence based on relationship and circumstances was found to be incorrect as there was insufficient evidence of incapacity or dominance. The plaintiff failed to establish a case of undue influence with conflicting pleadings. The burden of proof in cases of alleged undue influence lies with the accuser, and the High Court&#039;s approach was deemed flawed. Costs were awarded against the respondents.</description>
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      <pubDate>Wed, 14 Sep 1966 00:00:00 +0530</pubDate>
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