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Supreme Court of India 2022-04-19 allowed

Nemai Chandra Dey (Dead) Through Lrs vs Prasanta Chandra (Dead) Through Lrs. and Another

Bench: 2 — K.M. Joseph

In Brief

The Supreme Court remanded a property dispute case involving disputed gift deeds to the first appellate court for fresh consideration. The plaintiff claimed she signed documents believing they were a power of attorney, not gift deeds. The trial court found the gift deeds void, but the appellate court merely affirmed without independent analysis, and the High Court relied on this supposed concurrence. The Court held that appellate courts must independently reappreciate evidence and provide reasoned findings, not simply endorse trial court conclusions. Concurrent findings cannot stand where the appellate court failed to discharge this fundamental duty, requiring remand for proper appellate review."

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Civil Procedure Appellate Law Evidence Gift Deeds Property Law

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