Supreme Court of India

Anil Behari Ghosh v. Smt. Latika Bala Dassi and Others.

Neutral citation
Reported as [1955] 2 S.C.R. 270
Bench Vivian Bose, Jagannadhadas and Sinha JJ.
Decided 15 April 1955

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the reasons aforesaid we uphold the decision of the court below and dismiss the appeal with costs to the contesting respondent No.

Judgment, page 20

From the headnote

Indian Succession Act, 1925 (Act XXXIX of 1925), s. 263-­ Explanation cl. (a)-Expression "defectivt in substance"-Meaning of-Probate proceedings--Omission to issue citation to persons who should hll'De been apprised-Legal effect thereof-Revocation of grant-Whether qn absolute right irrespective of other · considera­ tions arising in the case~'Judicial discretion vested in Courts. The expression "defective in substance" jn Explanation cl. (a) to s. 263 of the Indian Succession Act,-1925 means that the defect was of such a character ·as to substantial! y affect the regularity and correctness of

Where later benches applied it

Of those, 1 mentioned

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