Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Succession Act Statutory appeal - Testamentary/Intestate jurisdiction of High Court 1925 S.384 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Succession Act, 1925 (39 of 1925) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Succession Act, 1925; S.384: Statutory appeal - Testamentary/Intestate jurisdiction of High Court - Elder sister of respondent No. 1 allegedly bequeathed her share in movable and immovable properties inherited from her father in favour of appellant-Mission by executing a Will and Codicil - Filing of Testamentary suit by respondent No. 1 for the estate of her deceased sister - Objected by the Mission claiming properties in question on the basis of Will - Single Judge of High Court, doubting the execution of Will, held Respondent No. 1 entitled to Letter of Administration of the estate and credits of the deceased - Affirmed by Division Bench of the High Court - Correctness of- Held: Incorrect - Appeal filed by Mission before Division Bench of High Court was a statutory appeal - Since it was a regular appeal, all questions of fact and of law could be urged before the appellate Court/Division Bench of the High Court - Arguable points have been raised by the Mission - Hence, the matter remitted to the Division Bench of the High Court to decide the case in accordance with law on merit - Appeal - Statutory appeal - Regular appeal. Statutory appeal - Consideration of Words and Phrases:'Relevant facts' - Scope of in the context of statutory appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 51 |
Petitioner | Gaudiya Mission |
Respondent | Shobha Bose & Anr. |
SCR | [2008] 1 S.C.R. 674 |
Judgement Date | 2008-01-15 |
Case Number | 398 |
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