cover image: Selection of Leading Cases for the use of B.L. Students - Limitation (Supplementary Cases)

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20.500.12592/fnwh6j

Selection of Leading Cases for the use of B.L. Students - Limitation (Supplementary Cases)

1918

The alleged indebtedness does not affect his rightto apply for probate." Probate of the will was on 28th September 1900 refused on the ground (as appears from the judgment of the Civil Judge in the present suit for the orders of the Probate Court were not on the record) that the persons named in the will had not been legally appointed executors and the order rejecting the application for prob [...] The wider clause is by the very generality of its terms comprehensive enough to govern the matter and if its operation is sought to be excluded on the ground that the case is covered by a special clause the party who takes up this position must prove the existence of the special fact which operates as a bar to the suit except perhaps when the facts are specially within the knowledge of the pl [...] The High Court decided in favour of tit Mozumdars as to the portion of the land lying between the line of 1859 on the north and the blue line of 1869 on the south and in favour of the Government as regards the southern portion between the line of 1869 and the line of 1845. [...] On these facts the Government contend that the possession of the Mozumdars under the ijara4 granted to them was in fact and in law the possession of the Government claiming proprietary right iu the disputed lands ' and that such possession was in exclusion pf and adverse to the claim of the Mozumdars to be proprietors thereof. [...] The question really is what was the character of the possession of t he lands after the grant of the Ultras and whether in the events %vhieh have happened they remain or are part of the zemindaris in respect of which the permanent assessment is paid heir ? The answer can only be that the Mozumdars elected and agreed to hold the lands not as part of their zemindaris but as the part of a khan meh

law
Pages
39
Published in
India
SARF Document ID
sarf.144459
Segment Pages Author Actions
Frontmatter
i-iii unknown view
Maniram Seth V. Seth Rupchand
1-10 unknown view
Tara Nath Chakrabarti V. Iswar Chandra Das Sarkar
11-16 unknown view
Secretary of State for India V. Krishi Mnioni Gupta
17-27 unknown view
The Trustees Executors and Agency Company Limited and Templeton Short
28-32 unknown view
Gopeshwar Pal V. Jiban Chandra Chandra
33-36 unknown view

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