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Report No. 110

IX. Miscellaneous

48.45. Validation of certain payments in good faith to holder of valid certificate.-

Section 386 reads:-

"386. Where a certificate under this part has been superseded or is invalid by reason of the certificate having been revoked under section 383, or by reason of the grant of a certificate to a person named in an appellate order under section 384, or by reason of a certificate having been previously granted, or for any other cause, all payments made, or dealings had, as regards debts and securities specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its supersession or invalidity, shall be held good against claims under any other certificate."

The language is slightly involved, but the purpose is fairly clear. No change is therefore needed in the section.

48.46. Section 386A.-

We have already recommended1 the insertion of a new section to provide for the facility of succession certificate, even in regard to properties other than debts. The relevant section can be inserted as section 386A.

1. See discussion relating to section 372(1)(f) for extending ti facility of succession certificate to other than debts, supra.

48.47. Section 387-Effect of decisions under this Act, and liability of holder of certificate thereunder.-

This takes us to section 387, which provides that no decision under this part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefor to the person lawfully entitled thereto.

The section needs no change, having created no difficulties.

48.48. Section 388-Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act.-

Section 388 reads:-

"388. (1) The State Government may, by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part.

(2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge:

Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and directions as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge.

(3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the previsions as to reference to arid revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, be final.

(4) The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of them or transfer them to another such Court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings.

(5) A notification under-section (1) may specify any inferior Court specially or any class of such Court in any area.

(6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to the control of, a District Judge shall, for the purpose of this section, be deemed to be a Court inferior in grade to a District Judge."

The section needs no change.1

1. Information as to empowerment is being collected.

48.49. Section 389-Surrender of superseded and invalid certificates.-

Section 389 provides that when a certificate under this Part has been superseded or is invalid from any of the causes mentioned in section 386, the holder thereof shall, on the requisition of the court which granted it, deliver it up to that court. If he wilfully and without reasonable cause omits so to deliver it up, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to three months, or with both.

The section needs no change, having created no problems.

48.50. Section 390-Provisions with respect to certificate under Bombay Regulation VIII of 1827.-

Section 390 reads:-

"390. Notwithstanding anything in Bombay Regulation No. VIII of 1827, the provisions of section 370, sub-section (2), section 372, sub-section (1), clause (f) and sections 374, 375, 376, 377, 378, 379, 381, 382, 384, 387, 388 and 389 with respect to certificates under this Part and applications therefor, and of section 317 with respect to the exhibition of inventories and accounts by executors and administrators, shall, so far as they can be made applicable, apply, respectively, to certificates granted under that Regulation, and applications made for certificates thereunder, after the 1st day of May 1889, and to the exhibition of inventories and accounts by the holders of such certificates so granted."

This section also needs no change.



The Indian Succession Act, 1925 Back




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