Section 205
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Reversionary heirs—defendants Patani Sundari Dassaya had life interest in
the suit land, alienation of the suit land to the transferee Shibnath is
valid during the life time of the transferor Patani Sundari Dassaya and the
same will not be binding upon the reversionary heirs after her death, in
the meantime the protection of the property the reversionary heirs can
perused other legal remedies if occasion arises for the same. [Para-6l
Sharashibala Sarker & Ors Vs. Patarii Sundari Dassaya & Anr. 6 BLT (AD)-
131
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Sharashibala Sarker & Ors Vs. Patarii Sundari Dassaya & Anr. |
6 BLT (AD) 131 |
Section 480
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(a) Contention raised as to prohibition on the adoption of a daughter’s
son by a Hindu father, a Vaishya not a Sudra being void abinition, whether
principle of factum valet is applicable to this case. [Paras-3 & 7]
(b) Hindu Law—Section 480(3)— Prohibition on adopting a daughters
son— objections to the adoption raised on the first time after 87 years
rejected—whether a defence cannot be based by limitation in case of
adoption. [Paras-4 & 7]
S.K. Chowdhury & Ors. Vs. S. K. Chowdhurij & Ors. 2 BLT(AD)-9
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S.K. Chowdhury & Ors. Vs. S. K. Chowdhurij & Ors. |
2 BLT (AD) 9 |
Requisites of a valid Hindu Marriage—
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Hindu Personal Law on Marriage
Requisites of a valid Hindu Marriage — there was a marriage ceremony
between the parties in the temple of the deity kali in presence of many
persons — It is obvious that nuptial rites in Hindu Shastra are so
complicated that an exact observance of their details is not easy and is
beyond the comprehension of the ordinary participants or the attendants of
the ceremony. But once the celebration of a marriage in fact is established
there shall be a presumption of there being a marriage in law and
observance of the essential ceremonies. [Para- 17]
Utpal Kanti Do.s Vs. Manju Rant Do.s 5BLT (AD)-283
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Utpal Kanti Do.s Vs. Manju Rant Do.s |
5 BLT (AD) 283 |
Proof of will—
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Hindu Law on Will
Proof of will—The long delay, for probate—Admittedly. except P.W. 1 no
one was examined among the 8 attesting witnesses to prove attestation of
the alleged will and, no explanation was given for their non- examination
even though the law required that at least two attesting witnesses each of
whom saw the testator sign or affix his mark should be examined by the pro-
founder of the will. The long delay of 15 years in filing the application
for probate was not explained. The alleged will was found not to be
physically genuine. [Para-9]
Sree Bhagirat Barmart & Anr Vs. Sree Haricharan Barinan 6 BLT (AD)-25 1
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Sree Bhagirat Barmart & Anr Vs. Sree Haricharan Barinan |
6 BLT (AD) 251 |
Hindu Widow’s Estate
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Hindu Widow’s Estate
A widow residing at the residence of her deceased husband cannot be termed
as acquiring property adverse possession. [Para- 5]
Mohammad Shamsul Haque Vs. Haron Chandra Dey 4 BLT (AD)-139
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Mohammad Shamsul Haque Vs. Haron Chandra Dey |
4 BLT (AD) 139 |
In respect of Deity
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Hindu Law
Principle of Hindu Law—In respect of Deity
A Deity has also right of its own to have a suit instituted or defended by
a next friend. In case of family Deity, even a worshipper other than the
Shebayet or members of the family in a proper case may apply to the court
for being appointed as the next friend to protect the interest of the Deity
and in such a case a duty is cast upon the court to examine as to whether
if such worshipper if so appointed the interest of the Deity would be
adequately protected. [Para- 10]
Falguni Majumder Vs. Mokbul Hossain Biswas & Ors 7 BLT (AD)-12.
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Falguni Majumder Vs. Mokbul Hossain Biswas & Ors |
7 BLT (AD) 12 |