Supreme Court · 2005 INSC 197 · Decided 11 April 2005
Sona Bala Bora and ORS. v. Jyotirindra Bhatacharjee
- Court
- Supreme Court of India
- Citation
- 2005 INSC 197 · [2005] 3 S.C.R. 454
- Case number
- CIVIL APPEAL No. 2519/2005
- Decided
- 11 April 2005
- Bench
- RUMA PAL, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 11, 12
Headnote
Contract Act, 1872 : ss. 11 and 12-Contract with consent of a person of unsound mind- Unsoundness of mind-Establishing of-Held, capacity of a person to execute a conveyance has not to be established only by medical evidence-Unsoundness of mind may be established by proving such conduct as was not not be explained on any reasonable basis-In the instant case, the actions of the D head of the family surreptitiously selling the residential house and depriving his entire family as also initiating criminal proceedings against his wife and children without cause are irrational ones and outcome
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