Court : Chennai
Decided on : Dec-16-1920
Reported in : AIR1921Mad258; (1921)40MLJ354
John Wallis, C.J.1. This is an appeal from a Judgment of Coutts Trotter, J. upholding the provisions of the will of the late C. Ratna Mudali which have been questioned on the ground that they are opposed to the Hindu Law notwithstanding the passing of Madras Act 1 of 1914, and also as infringing the provisions of Section 101 and S. in of the Indian Succession Act which have been applied by the Hindu Wills Act, 1870, to wills made by Hindus in a Presidency Town. The case has been very fully argued before us and the appellants have taken the fresh ground that Madras Act 1 of 1914, if not wholly ultra vires is ultra vires, in so far as it purports to affect the Presidency Town where the rules of Hindu Law as to succession and inheritance were made applicable by the Supreme Court Charter which could only be modified by the legislative authority of the Governor-General in Council under the provisions of the Indian Councils Act, 1861 read with Section 11 of the Indian High Courts Act, 1861. ...
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