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1960 Supreme(Cal) 90

B.K.GUHA, P.N.MUKHERJEE, B.N.BANERJEE
SAILA BALA DASI – Appellant
Versus
SAILA BALA DASI – Respondent


Advocates Appeared:
KHAGENDRA NATH BOSE, RAJENDRA BH.BAKSHI, SAILENDRA NATH ROYCHOWDHURY, Sudhansu Kumar Sen, SUSHANTA KUMAR SEN

BANERJEE, J.

( 1 ) THIS is reference made to a Special Division Bench, under the second proviso to Rule 1, Chapter II of the High Court Appellate Side Rules. The questions of law referred for determination are:- (a) Whether the compensation awarded in respect of property in the possession of a widow, who had not, at the date of the acquisition absolute interest therein and kept under the provisions of the Land Acquisition Act with the Land Acquisition Court of the President of the Improvement Tribunal is property "possessed" by a female Hindu, within the meaning of Section 14 (1) of the Hindu Succession Act 1956? (b) Whether this money is property acquired by the widow under a decree or an award prescribing a restricted estate therein, within the meaning of Section 14 (2) of the Act?k. C, Das Gupta and Law JJ. , who recommended the reference of the two questions, to a Special Division Bench, observed that such a reference was necessary"in view of the great importance of these questions and the fact that the decision is bound to affect the interests of innumerable persons in money lying in deposit with the Land Acquisition authorities on the date, when the Hindu Succession Act, 195

































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