Supreme Court of India
Krishna Kumar Birla v. Rajendra Singh Lodha and Others
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the appointment of YB D as an executor of the Will of MPB in place of PDB cannot be sustained.
Judgment, page 80
From the headnote
Succession- Indian Succession Act, 1925- Section 2(c), 2(h), 283, 284, 285 & 286 - Calcutta High Court Rules, 1940 c - Rule 4, 5(a), 24, 25, 26, 27, 28, 29 & 30- Indian Trusts Act, 1882 - Section 73 - Probate And Administration Act, 1881 - Section 69, 70, 71, 72, 73 & 83. Caveatable interest means an interest in the estate of the deceased to which the caveator would otherwise be entitled to and having a special interest therein - Caveatable interest may arise only after suit for enforcement of mutual Will is decreed. + Manner of filing an application for grant of probate - Jurisdiction of
Authorities it was built on
- 2007 Bharat Petroleum Corpn. Ltd. v. Maddula Ratna Valli and Ors.
- 1968 Soli Pestonji Majoo & Ors. v. Gangadhar Khemka
- 1962 Nibaran Chandra Bag Etc. v. Mahendra Nath Ghughu
- 1954 Shri Audi Behar Singh v. Gajadhar Jaipuria and Others
- 1990 Bhoop Alleged Son of Sheo v. Matadin Bhardwaj Son of Lakmi Chand
- 1962 Mrs. Hem Nolini Judah (since Deceased and After Her Legal Representative Mr. Marlean Wilkinson v. Mrs. Isolyne Sarojbashini Bose and Others
- 1998 Dr. (mrs.) Meera Massey Dr. Abha Malhotra Dr. S.C. Bhadwal and Ors. v. Dr. S.R. Mehrotra and Ors.
- 2007 Basanti Devi v. Raviprakash Ramprasad Jaiswal
Where later benches applied it
Of those, 1 referred to
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