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1 - 10 of 13 (0.21 seconds)M/S.Abraham Memorial Educational ... vs C.Suresh Babu on 7 August, 2012
17. As stated supra that the anomaly was reconciled by the courts in
Illachi Devi (cited supra) that a person appointed by the society or a
company can be eligible to receive the probate / Letters of Administration
on behalf of the society. It is clarified that there need not be any doubt about
the juristic nature of the trust as a person, and the said position is upheld in
the case of Abraham Memorial Educational Trust & 7 others Vs.
C.Suresh Babu [reported in 2012 SCC OnLine Mad 2986] by holding that
by applying the doctrine of ejusdem generis and by going into the purpose
and context while interpreting Section 11 of the Indian Penal Code and
Sec.2 (42) of the General Clauses Act-1897 which define the term 'person',
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it can be safely concluded that the Trust would also fall within the ambit of
the definition of 'person'.
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Illachi Devi (D) By Lrs. And Ors vs Jain Society, Protection Of Orphans ... on 26 September, 2003
12. The applicant/defendant had relied on the judgement of the
Hon’ble Supreme Court held in the case of Illachi Devi (dead) by Lrs. And
others Vs. Jain Society, Protection of Orphans India and others reported
in (2003) 8 Supreme Court Cases 413. The above judgement deals with the
eligibility of a society to get a Letter of Administration.
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