Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

1949 (12) TMI 39

..... Agent For Respondents: Ex Parte JUDGMENT Mahajan, 1. This appeal is before us on a certificate granted by the High Court of Judicature at Allahabad under S. 110, Civil P.C. The respondents were not represented before us and the appeal was heard ex parte. The point involved is a simple one. We are asked to correct a mistake that has crept in the High Court's judgment owing to an oversight. 2. The circumstances giving rise to the appeal are these. On 21st September 1935, an application was made by the sons and grand-sons of one Gauri Shankar under S. 4, United Provinces Encumbered Estates Act, to the Sub Divisional Officer, Faridpur, district Bareilly. It was forwarded, under S. 6 of the Act, to the Special Judge on 23rd September 1935. T .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... Judge dismissed the claim of Mst. Jamna Kuer holding that the word "sister" in S. 2 in the Hindu Law of Inheritance (Amendment) Act, 1929, did not include a half sister, and that being BO, she was not entitled to inherit Kunj Behari's estate, his legal heir being Gauri Shankar. This decision was reversed in appeal by the High Court of Judicature at Allahabad in view of two decisions of their Lordships of the Privy Council in Sahodra v. Ram Babu 1943 A.L.J. 271 : (A.I.R 1943 P.C. 10) and Mst. Besar Kuar v. Bishundeo Singh, A.I.R 1943 P.C. 184 : (I.L.R. (1944) Kar. P.C. 14), where they held that for the purposes of the Hindu Law of Inheritance (Amendment) Act, 1929, a half sister had the same rights as a full sister. In the resu .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... judgment corrected by means of a review petition but in this she was unsuccessful. In the judgment given in the review petition the learned Judges of the High Court made the following observations: Now that we have been taken through the printed record including page 11 we bare reason to believe in view of para. 7, at page 11 of the printed record, that the result of the appeal should have been a decision that all the property entered in the written statement of 20th August 1936, belonged to Mt. Jamna Kuar as she was the heiress of Kunj Behari Lal fend the applicants under S. 4 were not. Unfortunately on the date we decided the appeal Mr. P.M. Verma himself did not understand the case of his client in fall and no representative of his clien .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... early stated in his judgment that Jamna Kuer's claim related to properties 8 to 37 of the gazette notification. In para. 15 of her amended objection petition, she had laid claims to all the properties left by Kunj Behari. On 29th April 1942, it was admitted by the pleader of the applicants that all these properties related to the estate of Kunj Behari and that so far as the debtors were concerned, they were owners of only two properties mentioned in the gazette notification. In this situation it would have been appropriate if the High Court had corrected this error on the review petition and saved the appellant the trouble and expense of an appeal to the Privy Council or to this Court. Whether the error occurred by reason of the counsel .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||