The Chamber's Journal April 2013

Page 184

BEST OF THE REST herein, claiming himself as his Power Agent as the person who lent money on the property, a ! ˆ = ¤ mortgager will have right to oppose probating the Will. The will was probated. the Will and also seek revocation of the order probating the Will. Chrome Leather Company Limited, a third party < " ~ The Court further held that the sppellant has ! { acquired the property at an auction sale. The application seeking similar relief. The Single appellant has an interest in the property. Thus, Judge allowed application on the ground that the appellant has a caveatable interest to seek they have established a just cause and also revocation of the order probating the Will > ] ^ |_› of late George Joseph Chambers. But, this Indian Succession Act, 1925 held that the power aspect has not been properly considered by the of attorney adopted certain fraudulent activities. Learned Single Judge. Thus the appellant will However, the application filed by the present have locus standi to seek remedy. The relief appellant has been dismissed on the ground sought for by the appellant, viz., revocation of that he has no caveatable interest and he has no the probate, as rightly submitted by counsel locus standi to seek a remedy. As against the for the 1st respondent, has been achieved in dismissal of application in O.P. which has been the application filed by Saroj and ors. But, filed to revoke the order probating the Will of observations made by the Single judge, against late George Joseph Chambers, this appeal has the appellant will cause havoc. Thus in the facts been directed by Chrome Leather Company Ltd., and circumstances the original petition has to a third party. be treated as Testamentary Original Suit and directed the Learned Single Judge to dispose of Assailing the said order, the counsel for the the same on merits and in accordance with law. appellant contended that already the High court The Appeal was disposed of. cancelled the legal heir certificate granted to George Joseph Chambers. In Division Bench of Chrome Leather Company Ltd. vs. Q. Dawson & High Court dubbed George Joseph Chambers Ors. AIR 2013 Madras 5 and his Power agent as land grabbers. On the \ ! Compensation towards would contend that since the application filed 5. by 4th respondent and her children has been deprivation of electricity – Validity – allowed, the order probating the Will has been Claimant was deprived of electricity revoked and nothing survives for the present by Bihar State Electricity Board for appellant to seek further relief. There cannot be double orders cancelling the very same order several years – Bihar Human Rights Commission granted compensation probating the Will. The High Court held that the appellant acquired the property, exactly, Chrome Leather Company Limited in the auction purchase. This property is also included in the Will of late George Joseph Chambers. That Will has been probated at the instance of the probate petitioner Q. Dawson, the { ” \ ! ! what exactly the property available. For instance, if a property included in the Will has already been disposed of, the buyer of the property, even

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for loss, harassment and mental agony < † Protection of Human Rights Act, 1994, S. 12 The Bihar State Electricity Board, Patna which is a Transmission and Distributing Licensee under the Electricity Act, 2003, has approached the High Court by filing the writ application, questioning the validity and legality of the order passed by the Learned Chairperson, Bihar

The Chamber's Journal April 2013

ML-506


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