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2003 Supreme(Guj) 374

K.R.VYAS, M.S.SHAH
UNION OF INDIA – Appellant
Versus
SARALA DHRUVAKUMAR SHUKLA – Respondent


Advocates Appeared: BIPIN I.MEHTA

M. S. SHAH, J.

( 1 ) THIS is an appeal against the judgment and order dated 5. 7. 2001 passed by the learned Single Judge allowing Special Civil Application No. 458 of 2001 challenging the decision of the appellants herein, i. e. Post Master General, Ahmedabad and Sub-Post Master, LG Hospital Road Post Office, Maninagar, Ahmedabad under the provisions of the Post Office Savings Account Rules, 1981 (hereinafter referred to as "the Rules" ). The learned Single Judge held that the appellants were estopped from treating the account as a single holder account upon the death of the husband of the first petitioner.

( 2 ) THE first respondent herein-original first petitioner and her late husband jointly invested Rs. 2,04,000/- in the post office monthly income scheme on 15. 11. 1994. The second respondent herein - original second petitioner was shown as their nominee. When the husband of the first petitioner expired on 27. 7. 1995, an application was made by the first petitioner to substitute the name of the second petitioner vice his father - late husband of the first petitioner, as a joint holder with the first petitioner. Such application came to be granted by the appellants and the nam









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