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  1899-1900

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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 1899-1900

1900

CHETLANGIA The Subordinate Judge did not record any finding as to the execution of the power but he held that by the Mitakshara law as it prevailed in the native State of Jeypore which includes Sikhur an authority to adopt could not he legally carried out without the assent of the head of the family— that is of Ram Buksh. [...] 65 and 66 of the Evidence Acts 1899 secondary evidenCe may be given of public documents which HARANUND these are under s. 74 without notice to the adverse party when ROY the person in possession of the document is out of the reach of CHETLACIA or not subject to the process of the Court which is the case V. RAM GOPAL here. [...] Probate is rightly granted where the judge believes the witnesses who speak to the execution of the will and the disposing mind of the testator. [...] The second is that if a party writes or prepares a will under which he takes a benefit that is a circumstance that ought generally to excite the suspicion of the Court and calls upon it to be vigilant and zealous in examining the evidence in support of the instrument in favour of which it ought not to pronounce unless the suspicion is removed and it is judicially satisfied that the paper propoun [...] But putting that question aside there are undoubtedly circumstances in this case which excite the suspicion of the Court and following the principle laid down in the case first cited. we think it was for the petitioner to remove that suspicion and that because the petitioner had given formal evidence of the execution the burden was not shifted to the objector to prove mental or physical incap
law
Pages
272
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-xii Frederick Pollock view
Cases in the privy Council on Appeal from the East Indies
1-254 Frederick Pollock view
Index
255-260 Frederick Pollock view

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