cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and other Matters  January to June 1935

Premium

20.500.12592/r8m98s

The Calcutta Law Journal Short Notes of Cases Articles and other Matters January to June 1935

1935

'When a ward is in the actual custody of another person with the permission of the guardian he is deemed to be in the constructive custody of the guardian and if the peson so in actual custody of the minor refuses to hand over the minor to the guardian the refusal amounts to a removal of the minor from the constructive custody of the guardian within the meaning of section 25. [...] 4. THE EFFECT OF MURDER ON THE RIGHT OF THE MURDERER TO TAKE *ANY BENEFIT IN THE ESTATE OF THE MURDERED PERSON IN SYSTEMS OF LAW OTHER THAN THE ENGLISH. [...] a heretic) (8) the blind (9) the deaf (ro) the dumb (1r) the defective in an organ of sense (br action) (12) the enemy of the father (13) one expelled by the kinsman (14) the life-long student (r5) the dweller in the forest e. a banaprasthi or hermit) (16) the religious mendicant (r') the incurably diseased (18) the unworthy (cf. [...] In other words as put by Macleod C. J. in the same case (r) on the analogy of the texts which prescri' e the restoration of property as one of the punishments of robbery accompanied by murder. and the reversal of dealings brought about by force or deceit it might be deduced that the Sastras directed that the murderer's succe ssion to the estate of the person he murdered should be prevented from [...] " The only question is as to the ?roper theory of giving effect to the maxim in cases like the present that is to say whether the wrongful act of the person standing in the position of heir (a) is to exclude him from the inheritanc4 so as to prevent the very vesting in him thereof or (b) is it to be treated as' a fact that should only disentitle him to any beneficial interist in the inheritance
law
Pages
52
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Frontmatter
i-iv Ashutosh Mukerji, Ramendra Majumdar view
The Calcutta Law Journal
1-48 Ashutosh Mukerji, Ramendra Majumdar view

Related Topics

All