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Chandrakisore Datta Majumdar vs Kumar Upendra Chandra Choudhury And ... on 9 March, 1923 cites

Raja Rai Bhagwat Dayal Singh vs Debi Dayal Sahu on 4 January, 1908

2. It is well-settled that, when a person claims title under an alienation effected, by a Hindu widow in respect of the estate of her husband, the burden lies upon him to establish either that there was legal necessity in fact which Justified the alienation, or that he made proper and bona fide enquiries and did all that was reasonable to satisfy himself as to the existence of such necessity. This position is supported by the decisions of the Judicial Committee In Bhagwat Dayal Singh v. Debt Dayal Sahu 35 I.A. 48 : 35 C. 420 : 7 C.L.J. 335 : 10 Bom. L.R. 230 : 12 C.W.N. 393 : 5 A.L.J. 184 : 18 M.L.J. 100 : 3 M.L.T. 344 : 14 Bur.
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Nanda Lal Dhur Biswas vs Jagat Kishore Acharjya Chowdhuri on 17 July, 1916

where the Court was invited to investigate the circumstances of a transaction which had taken place more than eighty-two years before the initiation of the suit; see also Nanda Lal v. Jagat Kishore 36 Ind. Cas. 420 : 43 I.A. 249 : 44 C. 186 : 20 M.L.T. 335 : 31 M.L.J. 563 : (1916) 2 M.W.N. 336 : 4 L.W. 458 : 18 Bom. L.R. 864 : 14 A.L.J. 1103 : 24 C.L.J. 487 : 1 P.L.W. 1 : 21 C.W.N. 225 : 10 Bur. L.T. 177 (P.C.); Ravaneshwar Prasad Singh y. Chandi Prasad Singh 36 Ind. Cas.
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Maharaja Jagadindra Nath Roy Bahadur vs Rani Hemanta Kumari Debi, Bhaba Prasad ... on 28 June, 1911

We need not, however, discuss the matter further from this point of view nor investigate the position, if the Debater should turn out to be, not a dedication of the completes character but rather the creation of a religious charge: Jagadindra Nath Roy v. Hemanta Kumari Debt 31 I.A. 203 : 32 C. 129 : 8 C.W.N. 809 : 6 Bom. L.R. 765 : 1 A.L.J. 585 : 8 Sar. P.C.J. 698 : (P.C.) We hold accordingly that the Subordinate Judge has rightly dismissed the suit and this appeal must be dismissed with costs.
Bombay High Court Cites 0 - Cited by 131 - Full Document

Thakur Vasenji Morarji vs Musammat Chanda Bibi on 7 May, 1915

L.R. 352 : 1 L.W. 794 (P.C.); Thakur Vasonfi Morarji v. Chanda Bibi 29 Ind. cas. 781 : 37 A. 369 at P. 376 : 22 C.L.J. 180 : 19 C.W.N. 873 : 17 Bom. L.R. 556 : 18 M.L.T. 31 : (1915) M.W.N. 449 : 2 L.W. 676 : 2 M.L.J. 130 The inflexible application of this view may and does in fact place the alliance at a serious disadvantage when the transaction falls to be challenged after a long series of years. Hence it has been ruled that, though lapse of time does not affect the question of onus of proof regarding legal necessity, it may give rise to a presumption of acquiescence or save the aliened from adverse inferences arising from the scantiness of the evidence offered on his behalf.
Bombay High Court Cites 0 - Cited by 2 - Full Document
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