Supreme Court · 1955 INSC 30 · Decided 15 April 1955
Anil Behari Ghosh v. SMT. Latika Bala Dassi and OTHERS.
- Court
- Supreme Court of India
- Citation
- 1955 INSC 30 · [1955] 2 S.C.R. 270
- Case number
- CIVIL APPEAL No. 106/1953
- Decided
- 15 April 1955
- Bench
- VIVIAN BOSE, B. JAGANNADHADAS, BHUVNESHWAR PRASAD SINHA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 263
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 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 the previous
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