cover image: The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales. Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies  1894-95

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The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales. Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1894-95

1895

The first question is the right of the Diwan to appoint his successor in his lifetime according to the custom of the worshippers of the shrine. [...] On behalf of the Defendant Abdul Rahman the father of the first and second Rqspondents it was contended that there was no proof of the alleged custom and that the general Mahomedan law would carry to the Defendant as the nearest agnate the right to occupy the gaddi. [...] The narrative then proceeds with the authority given by the Diwan for the registration of the deed the application to the Sub-Registrar to register it the opposition of Abdul Rahman's party and the refusal of the Sub-Registrar to register it. [...] On the whole it seems to their Lordships that the result of the evidence is as follows : That there is a considerable body of affirmative evidence which establishes capacity on the part of the Diwan ; and that the evidence on the other side is reconciable with exaggeration or mistake or the absence of any testing of the real state of the Diwan's mind on the various occasions to which the witn [...] Their Lordships will for these reasons humbly recommend to Her Majesty that the decree of the Chief Court ought to be reversed that the appeal to the Chief Court ought to be dimissed with costs that the decree of the District Judge ought to be varied by declaring that the Plaintiff was duly appointed to the office of gaddi-nashin of the shrine of Baba Farid Shakaganj by the late Diwan Pir
law
Pages
226
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-xii unknown view
Cases in the Priviy Council on Appeal from the East Indies
1-208 unknown view
Index
209-213 unknown view
Backmatter
i-i unknown view

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