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1974 Supreme(All) 101

SATISHCHANDRA, H.N.SETH
George Elwin King – Appellant
Versus
The Reserve Bank of India, Foreign Exchange Control, Bombay – Respondent


Advocates:
Gopal Behari, for Petitioner; Standing Counsel, for Respondent.

Judgement

SATISH CHANDRA, J. :- This petition under Article 226 of the Constitution prays that the order passed by the Reserve Bank of India on 6th December, 1971, be quashed and the State Bank of India, Allahabad, be directed to pay the amounts and securities in question to the petitioner.

2. Mr. George Justin O'Brian, a British national resident in India, made a will on 26th December, 1926, of his properties in India. Under this will his properties were made the subject of a trust with directions for its appropriation by the executors and trustees. The income from the funds and the properties were to go to the two sisters of the testator for their life, and thereafter to his brother and after his death to his brother's wife. It was arranged in this document that after the death of the aforesaid four persons the property will be divided between the children of his brothers, William and Henry, in stated proportions. One of the daughters of William, Miss Elfeeda O'Brian, later on married and became Mrs. E.A. Clarke. She was a permanent resident of Brisbane, Australia.

3. In 1965 Mrs. Clarke addressed a letter to the Agent of the State Bank of India, Allahabad, to deliver the assets of














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