Not impressed

In a case concerning the authenticity of a sale deed, a dispute arose about the genuineness of the thumb impression on it. The first court where the appeal came up compared it to the thumb impression of the person concerned and said that it was genuine. But upon appeal, the Madras High Court held that the impression was not genuine. An appeal was made to the Supreme Court, which upheld the decision of the high court. It said that if the impression was clear and its characteristics could be clearly identified, the court could make a careful perusal of it before recording its findings. However, it said that the court should have called upon expert evidence before coming to a conclusion as the said impression was smudged and unclear. (Thiruvengada Pillai vs Navaneethammal)

A weak mind

A deaf and dumb man was ordered by a lower court to pay for the maintenance of his wife after a matrimonial dispute. The Kerala High Court held that such a person could be said to be suffering from mental infirmity or an unsound mind. It added that mental infirmity was not an illness or insanity but merely indicated a weakness of intellect. The Civil Procedure Code permitted the appointment of a ‘next friend’ when the litigant was found by the Court of Enquiry to be incapable of protecting his own interest because of an unsound mind. It was the court’s job to assess the capability of the person and find out whether the infirmity could make the person incapable of communicating his views. Any one with a weakness of mind caused by a physical defect like deafness or dumbness could apply for a ‘next friend’, as per the statute. (Raveendran vs Sobhana & Anr)

Move over, Doctor

A case of bride burning brought up the question of the necessity of a doctor’s certificate to support a dying declaration. The Supreme Court said that while it was normal to rely on a doctor’s certificate to ascertain whether a person was in a fit state of mind at the time of making the declaration, it was not mandatory. If the person recording the declaration said that he or she was fit while making it, medical opinion was not needed. (Sher Singh vs the State of Punjab)

SOLON