Rahima Bibi Vs. Hamida Bibi and ors.

Rahima Bibi vs Hamida Bibi and ors.

Type Court Judgment Court Chennai Decided Mar 09, 1916

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Citation: sooperkanoon.com/816369
Court: Chennai
Judge: Sadasiva Aiyar and ;Moore, JJ.
Decided On: Mar 09, 1916
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

Lunacy (District Courts) Act (XXXV of 1858) - Inquisition, proceedings in--Petitioner, whether entitled, to have inquiry conducted so long as he has witnesses available--Discretion of Court to stop proceedings for proper grounds. -

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Rahima Bibi

Respondent

Hamida Bibi and ors.

Legal References

Cases Referred: Following Lachminia Kuar v. Ruder Deo Naram Singh
Reported In: 33Ind.Cas.857

Excerpt

lunacy (district courts) act (xxxv of 1858) - inquisition, proceedings in--petitioner, whether entitled, to have inquiry conducted so long as he has witnesses available--discretion of court to stop proceedings for proper grounds. - 1. following lachminia kuar v. ruder deo naram singh 9 ind cas. 207 we hold that the court has got a discretion to stop the proceedings in the inquisition for proper grounds, there being no provision in the act which entitles the petitioner to have the inquiry conducted so long as he is able to tender witnesses for examination.2. we think that in this case (to use the language of the judgment in the above quoted allahabad case) 'the medical evidence militates against the idea of any further inquiry being necessary' and 'the court exercised a wise discretion in refusing to proceed further into the case.'3. the appeal is dismissed with costs.

Full Judgment

1. Following Lachminia Kuar v. Ruder Deo Naram Singh 9 Ind Cas. 207 we hold that the Court has got a discretion to stop the proceedings in the inquisition for proper grounds, there being no provision in the Act which entitles the petitioner to have the inquiry conducted so long as he is able to tender witnesses for examination.

2. We think that in this case (to use the language of the judgment in the above quoted Allahabad case) 'the medical evidence militates against the idea of any further inquiry being necessary' and 'the Court exercised a wise discretion in refusing to proceed further into the case.'

3. The appeal is dismissed with costs.

Same Parties Rahima Bibi vs Hamida Bibi and ors. Same Subject Property Same Judge Sadasiva Aiyar and ;Moore, JJ.

Property