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1949 Supreme(SC) 78

LORD SIMONDS, LORD MORTON OF HENRYTON, LORD REID, SIR JOHN BEAUMONT, SIR MALCOLM MACNAGHTEN
GAJAMBAL RAMALINGAM – Appellant
Versus
RUKN-UL-MULK SYED ABDUL WAJID – Respondent


Advocates:
Solicitors: Percy Short & Cuthbert; Douglas Grant & Co.

Judgement

Appeal (No. 53 of 1948) from a judgment and decree of the Court of the British Resident in Mysore, Civil and Military Station of Bangalore (July 5, 1944), affirming a judgment and decree of the District Judge, Civil and Military Station of Bangalore (November 22, 1943) by which it was ordered that probate of the will dated September 10, 1942, with a codicil dated September 24, 1942, of one V. Ramalingam Mudaliar should issue to certain persons who were respondents to this appeal.

At the original hearing of the appeal, counsel for the respondents took the preliminary point that His Majesty no. longer had jurisdiction 10 entertain an appeal from the Court of the British Resident in Mysore.

1949. June 14, 15. Sir Valentine Holmes K.C., Gilbert Bold and Rajah Iyer for the respondents. The position immediately before the retrocession in 1947 was that Bangalore was part of the territory of the State of Mysore. His Majesty administered justice in, and made laws for, Bangalore under the powers conferred by the Foreign Jurisdiction Act, 1890, and the court of first instance in this case, and the appellate court, were both courts set up by His Majesty and applying the laws made by


































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