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1 - 8 of 8 (0.29 seconds)Haren Krishnakumar Mehta vs Kamla Pribhdas Nebhanani on 11 October, 2000
The judgment
relied upon by the learned counsel for the plaintiff in case of Haren
Krishnakumar Mehta (supra) is not in a testamentary matter where
the conscience of the Court has to be satisfied before granting any
probate or Letters of Administration. The said judgment is thus clearly
distinguishable with the facts of this case and would not assist the
case of the plaintiff.
Daulat Ram & Ors vs Sodha & Ors on 16 November, 2004
ts14-05.doc
The judgment of the Hon'ble Supreme Court in case of Daulat Ram
& Ors. (supra) thus would not assist the case of the plaintiff.
H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958
63. It is held that while deciding the solemn question whether
an instrument produced before the Court is the last will of the testator,
the Court is deciding a solemn question and it must be fully satisfied
that it had been validly executed by the testator who is no longer
alive. The principles laid down by the Hon'ble Supreme Court in case
of H.Venkatachala Iyengar (supra) would squarely applies to the
facts of this case. The judicial conscience of the Court has to be
satisfied before granting any probate or Letters of Administration by
the Court.
Section 65 in The Indian Evidence Act, 1872 [Entire Act]
Section 66 in The Indian Evidence Act, 1872 [Entire Act]
Vinod Kumar Arora vs Smt. Surjit Kaur on 17 July, 1987
In my view, the judgment of the
Hon'ble Supreme Court in case of Vinod Kumar Arora (supra) relied
upon by the learned counsel appearing for the plaintiff would not
assist the case of the plaintiff at all.
Section 71 in The Indian Evidence Act, 1872 [Entire Act]
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