Jevallabh Harjivan , AIR 1933 Bombay, 469 probate was granted
by the High Court exercising probate jurisdiction. A civil
suit on the Original Side was filed ... Court is requested to proceed with the probate suit
No.65/85 pending on the probate jurisdiction of the High
Court of Bombay and decide
ordinary original civil jurisdiction had jurisdiction to try the suit, as it contained a prayer for revocation of probate which was granted by this Court ... Court exercising appropriate jurisdiction, the propriety of that decision could not be impugned by a Court exercising any other jurisdiction. Probate was there granted
courts of ordinary civil jurisdiction. In the said decision a compari-sion between the jurisdiction of Civil Court and a probate court was undertaken ... making an application for probatee, grant or refusal of probate or an appeal carried against the decision of the probate court. This is clearly manifested
obtained probate of the Will of Dorothy
Sheddon who died on 29/07/ 2004 in Supreme Court of Victoria
probate jurisdiction. It is the contention ... Grant of probate. Court of probate
has exclusive jurisdiction. Civil court in original
side or arbitrator, even on consent of parties,
has no jurisdiction
competent jurisdiction,
would not be impugned in a court
exercising original jurisdiction (civil
court) in suit to declare the grant of
probate illegal ... probate granted by
the Calcutta High Court. In Narbheram
Jivram Purohit V.Jevallabh Harjivan
probate was granted by the High Court
exercising probate jurisdiction
Companies Act and
cannot be challenged before the Probate Court. Therefore, Probate Court has
got no jurisdiction.
Counsel for the plaintiff submitted that none ... name of APL.
On the issue of jurisdiction or no-jurisdiction of the probate Court Mr.
Anindya Kumar Mitra on behalf of HVL relied heavily
question of jurisdiction of a probate
Court. It was submitted that the probate Court has a limited jurisdiction
and does not decide the question ... order merely because a question of
jurisdiction is raised. It is submitted that the jurisdiction of the probate
Court being raised by the plaintiffs
Original Side is not exercising the
jurisdiction as a principal Civil Court of original jurisdiction while
exercising concurrent jurisdiction under Section ... this Court while exercising jurisdiction under 1925 Act
is not exercising jurisdiction as a Principal Court of Original Jurisdiction,
but is vested with the powers
Jevallabh Harjivan , AIR 1933 Bombay, 469 probate was granted by the High Court exercising probate jurisdiction. A civil suit on the Original Side was filed ... making an application for probate, grant or refusal of probate or an appeal carried against the decision of the probate court. This is clearly manifested
Additional Judicial Commissioner, Chhota Nagpur at Ranchi had no jurisdiction to grant probate since the property covered by the decree was of the value ... judgment or order of a competent court in the exercise of probate jurisdiction is conclusive proof of what is decided therein that is about
