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In Re: Goods of P.J. Avdall

Type Court Judgment Court Kolkata Decided Mar 24, 1899
~1 min read
https://sooperkanoon.com/case/851957

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Citation
Court
Kolkata
Judge
Decided On
Subject
Civil

Case Summary

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

Letters of Administration - Administrator-General's Act (II of 1874), Section 12--Verification of Petition--Court Fees Amendment Act (XI of 1899). -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Goods of P.J. Avdall

Legal References

Reported In
(1899)ILR26Cal404

Excerpt

letters of administration - administrator-general's act (ii of 1874), section 12--verification of petition--court fees amendment act (xi of 1899). - sale, j.1. this is an application by the administrator-general for letters of administration, the petition contains a schedule of assets, from which no deduction is claimed. the only question is whether the signature of the administrator-general should be accepted as a sufficient verification under section 12 of the administrator-general's act ii of 1874, or whether he should be required to make an affidavit in the form prescribed by act xi of 1899. the form of affidavit prescribed by this act in itself sufficiently indicates that it was intended to be used by applicants other than the administrator-general the administrator-general, as a public officer by section 12 of act ii of 1874, is exempted from verifying otherwise than by his signature any petition presented by him under the provisions of the act. see in the goods of mccomiskey (1893) i.l.r., 20 cal., 879. this section, unless expressly repealed cannot be treated as having ceased to be operative.2. under the circumstances an order for grant of letters of administration may be made on a certificate being produced from the registrar that the administration duty has been paid and a statement to that effect being inserted in the petition.

Full Judgment

Sale, J.

1. This is an application by the Administrator-General for letters of administration, The petition contains a schedule of assets, from which no deduction is claimed. The only question is whether the signature of the Administrator-General should be accepted as a sufficient verification under Section 12 of the Administrator-General's Act II of 1874, or whether he should be required to make an affidavit in the form prescribed by Act XI of 1899. The form of affidavit prescribed by this Act in itself sufficiently indicates that it was intended to be used by applicants other than the Administrator-General The Administrator-General, as a public officer by Section 12 of Act II of 1874, is exempted from verifying otherwise than by his signature any petition presented by him under the provisions of the Act. See In the Goods of McComiskey (1893) I.L.R., 20 Cal., 879. This section, unless expressly repealed cannot be treated as having ceased to be operative.

2. Under the circumstances an order for grant of letters of administration may be made on a certificate being produced from the Registrar that the administration duty has been paid and a statement to that effect being inserted in the petition.

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