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1867 Supreme(Cal) 1

In Re: Goods of Duncan (Deceased) – Appellant
Versus
. – Respondent


JUDGMENT

Phear, J. - This is an application by the Advocate-General for grant of Letters of Administration with the Will annexed, to the Administrator-General of all such assets of Duncan, deceased, within the Presidency of Bengal as are not within the Province of Bengal. The Presidency of Bengal, for the purposes of this application, is defined by the Administrator-General's Act of 1867. The 3rd Section of that Act says,-- "Presidency of Bengal includes the territories which are, or shall for the time being be respectively under the Governments of the Lieutenant-Governor of Bengal, the North-Western Provinces, and the Punjab, and under the administrations of the Chief Commissioner of Oudh, the Central Provinces, and British Burmah."

Province" is defined by the 3rd Section of the Indian Succession Act. That section says,--" Province includes any division of British India, having a Court of the last resort.

I suppose the province of which the High Court is the Court of last resort is limited by some line lying considerably short of the Punjab. This particular case falls under the operation of the Indian Succession Act, and consequently Section 187 applies. This says,--" No right as ex

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