Supreme Court · 1954 INSC 116 · Decided 2 December 1954
Naresh Charan Das Gupta v. Paresh Charan Das Gupta
- Court
- Supreme Court of India
- Citation
- 1954 INSC 116 · [1955] 1 S.C.R. 1035
- Case number
- CIVIL APPEAL No. 202/1952
- Decided
- 2 December 1954
- Bench
- MEHR CHAND MAHAJAN, B. JAGANNADHADAS, T.L. VENKATARAMA AIYYAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 63
Headnote
SUPREME COURT REPORTS 1035 the High Court itself to have lost seisin of these cases after the 26th January, 1950, and they had no juris­ diction to proceed with the trial. As the High Court directed these cases to be tried by a competent court, they could not possibly be sent back for court under Act XII of 1952 and its jurisdiction could not be ousted as the order of the High Court itself proceeded on the foot­ ing that no trial could be held by the Tribunal con­ stituted under Ordinance XXIX of 1943. The juris­ diction of the special court not being ousted by
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)