cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  August 15  1910

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 15 1910

1910

cclxxix proper person to whom the certificate should be granted and does not require the District Court to adjudge who is according to the laws governing the succession to the estates of the deceased the heir entitled to collect the debts of the deceased. [...] The primary object of the Act being as stated in the preamble the providing of faclities for the collection of the debts due to the deceased it would be frustrating the object of the Act if the Court to which an application is made Mould refuse to grant the certificate to any one of the parties that appear before it. [...] The brother-in-law (wife's brother) of the deceased and the Secretary of State for India in Council objected separately to the petition being granted on the ground that the Petitioners were not the heirs of the deceased under the Dayabhaga law. [...] In both the cases it seems that the applicants were prima facie the most interested in the estate of the deceased and considering nearness of blood they were closely related to the deceased though of course in the former case the application was opposed by ope claiming under the adoption and in the other the title was challenged on the ground that the applicants were not `heirs'' In the one cas [...] I am of opinion that the words of the section amount to an absolute prhibition of the sale of liquor to a druken person and that the existence of a bond fide mistake as to the condition of the person served is not an answer to the charge but is a matter only for mitigation of the penalties that may be imposed." And he went on to say that he was led to that conclusion by the general scope of
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 15 1910
cclxxvii-cclxxxiv unknown view

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