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Admissibility of Secondary Evidence & Statutory Presumptions under Section 85: Supreme Court Analysis in Tharammel Peethambaran v. T. Ushakrishnan

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Case Details Case Name: Tharammel Peethambaran and Another v. T. Ushakrishnan and Another Citation / Case Number: 2026 INSC 134 | Civil Appeal No. ___ of 2026 (Arising out of SLP (C) No. 11868 of 2024) Court: Supreme Court of India (Civil Appellate Jurisdiction) Bench: Justice Pankaj Mithal and Justice S.V.N. Bhatti (Judgment authored by S.V.N. Bhatti, J.) Date of Judgment: February 06, 2026 Factual Matrix The 1st Respondent (Plaintiff), residing in Mumbai, is the undisputed owner of the Plaint A-Schedule properties situated in Kozhikode . In 1998, she executed a Power of Attorney (PoA) in favor of her brother, the 1st Appellant (1st Defendant), who resided in Kozhikode, solely to manage the schedule properties . According to the Plaintiff, she specifically struck out all clauses authorizing mortgage or alienation from the initial draft (Exh. A-3) before executing the final PoA (Exh. A-4) . In March 2007, the 1st Defendant executed registered sale deeds in favor of his...
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Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Analysis of Ravi Kant Gupta v. State of Uttar Pradesh & Ors.

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  Case Details Case Name: Ravi Kant Gupta v. State of Uttar Pradesh & Ors. Citation / Application Number: Civil Appeal No. ___ of 2026 (Arising out of SLP (C) Diary No. 22768 of 2024) Court: Supreme Court of India Bench: Hon’ble Mr. Justice Pamidighantam Sri Narasimha and Hon’ble Mr. Justice Alok Aradhe Date of Judgment: August 04, 2026 Factual Matrix The appellant is the absolute owner of a self-acquired residential property situated in Vikas Nagar, Lucknow, Uttar Pradesh . The appellant’s mother, an 81-year-old senior citizen, was subjected to nuisance and harassment by the appellant’s son (Respondent No. 4), which ultimately forced her out of the house to take shelter in an old-age facility . Consequently, the appellant approached the District Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the "Act"), seeking an order of eviction against his son . The Sub-Divisional Magistrate (SDM), via order dated November 15, ...
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