Report No. 110
VI. Miscellaneous
38.47. Section 298.-
According to section 298, notwithstanding anything hereinbefore contained, it shall, where the deceased was a Muhammadan, Buddhist, or exempted person, or a Hindu, Sikh or Jaina to whom section 57 does not apply, be in the discretion of the court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act.
The section needs no change.
38.48. Section 299.-
Section 299 provides that every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908, applicable to appeals. Since every order is appealable, no revision is maintainable.1
The section needs no change.
1. Ladu Lal v. Mahinder Kumar, AIR 1973 Raj 238.
38.49. Section 300-Concurrent jurisdiction of High Court.- Section 300 reads:-
"300. (1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge.
(2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits to towns of Calcutta, Madras and Bombay shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jain or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do."
The section needs no change, having raised no problems.
38.50. Section 301-Suspension and removal of private executor.- Section 301 reads:-
"301. The High Court may, on application made to it, suspend, remove or discharge any private executor or administrator and provides for the succession of another person to the office of any such executor or administrator who may cease to hold office and the vesting in such successor of any property belonging to the estate."
The section needs no change.
38.51. Section 302-Direction to executor or administrator.- Section 302 reads:-
"302. Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof."
The section needs no change.
