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1954 Supreme(Bom) 6

M.C.CHAGLA, Y.V.DIXIT, J.C.SHAH
Bahubali Vasant Katage – Appellant
Versus
Gundappa Tatya Duge – Respondent


JUDGMENT - Gajendragadkar, J.

1. This appeal raises the vexed question of Hindu law as to the character and effect of the act of surrender on the part of a Hindu widow. We have had occasion to refer this question to a Pull Bench in -- Pandu Lote v. Shrimati, AIR 1953 Bom 428 (A) along with another question. While dealing with the questions referred by us to the Full Bench, the Pull Bench considered and answered the first question, but they held that it was unnecessary to answer the second question, and it is the second question which arises for decision in the present appeal. It is perfectly true that, though in this judgment the learned Chief Justice has said that it is unnecessary to consider the point raised by the second question submitted to the Full Bench, he has indicated the view which the Pull Bench were likely to take if they had felt it necessary to decide this point. Perhaps if the matter had stood with the decision of the Full Bench alone, we might have proceeded to deal with this appeal in the light of the assistance available from the observations made by the learned Chief Justice as to the second question. But the position has been somewhat complicated by reason of






































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