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1 - 10 of 10 (0.30 seconds)Section 20 in The Code of Civil Procedure, 1908 [Entire Act]
Section 19 in The Code of Civil Procedure, 1908 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 372 in The Indian Succession Act, 1925 [Entire Act]
The Code of Civil Procedure, 1908
Union Of India And Ors vs Dudh Nath Prasad on 4 January, 2000
17. Having read this proviso, it is very clear that the
jurisdiction is based on the ordinarily residence of place at the
time of death. The learned counsel for the petitioner relied
upon the judgment of the Apex Court in BHAGWAN DASS's
case, wherein the Apex Court, in Para No.10 of the judgment
relied upon the judgment in UNION OF INDIA VS. DUDH
NATH PRASAD reported in (2000) 2 SCC 20, wherein while
discussing with regard to the word "resides" and "ordinarily
resident" discussed that, it is clear that the person, before he
can be said to be ordinarily residing at a particular place has to
have an intention to stay at that place for a considerable length
Km. Rakhi And Another vs Ist Additional District Judge, ... on 5 August, 1999
12. The counsel also relied upon the judgment of the
Allahabad High Court in the case of KM. RAKHI AND
ANOTHER VS. 1ST ADDITIONAL DISTRICT JUDGE,
FIROZABAD AND OTHERS reported in (1999) SCC ONLINE
ALL 923 and brought to notice of this Court Para No.34,
wherein also discussed with regard to the place of entertaining
the petition and held that, if the deceased took the treatment in
a place where he died, the same cannot constitute territorial
jurisdiction.
Surendra Bhatia vs Poonam Bhatia And Ors. on 22 November, 2005
10. The counsel also brought to notice of this Court the
judgment of the Rajasthan High Court in the case of
SURENDRA BHATIA VS. POONAM BHATIA & ORS. reported
in 2005 SCC ONLINE RAJ 101 and brought to notice of this
Court Para No.21, wherein the Court has discussed with regard
to Section 371 of the Act and observed that Section 371 of the
Act would clearly manifest that the District Judge within whose
jurisdiction the deceased ordinarily resided would have
jurisdiction to entertain and try the petition under Section 372
of the Act. The counsel also brought to notice of this Court
Para No.25, wherein also observed that the plaintiff is entitled
under law to get the relief sought for.
Bhagwan Dass & Anr vs Kamal Abrol & Ors on 11 May, 2005
9. The counsel, in support of his argument, relied
upon the judgment of the Apex Court in BHAGWAN DASS
AND ANOTHER VS. KAMAL ABROL AND OTHERS reported
in (2005) 11 SCC 66 and brought to notice of this Court Para
No.10 with regard to the meaning of the word "ordinarily
resident", wherein the Apex Court has observed that, before he
can be said to be ordinarily residing at a particular place has to
have an intention to stay at that place for a considerable length
of time and it would not include a visit of a short or casual
presence at that place. The counsel also brought to notice of
this Court Para No.11, wherein also the Apex Court observed
that the word "residence" is generally understood as referring
to a person in connection with the place where he lives, and
may be defined as one who resides in a place or one who
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NC: 2023:KHC:20643
CRP No. 222 of 2023
dwells in a place for a considerable period of time as
distinguished from one who merely works in a certain locality or
comes casually for a visit and the place of work or the place of
casual visit are different from the place of "residence".
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