In The Matter Of A Rule Under Section 51 Of The Courts Ordinance, No. 1 Of 1889, On Alexander Francis Molamure Executor Of The Last Will And Testament Of The Late J. W. Maduwanwala.

1935   Present: Macdonell C.J., Drieberg and Akbar JJ.

IN THE MATTER OF A RULE UNDER SECTION 51 OF THE COURTS
ORDINANCE, NO. 1 OF 1889, ON ALEXANDER FRANCIS MOLAMURE
EXECUTOR OF THE LAST WILL AND TESTAMENT OF
THE LATE J. W. MADUWANWALA.

Contempt of Court-Disobedience of order of the District Court-Probate issued to executor-Permission to draw money from bank leaving a balance for estate duty-Defiance of order-Courts Ordinance, No. 1 of 1889, ss. 51 and 59.

Where a District Court issued probate to an executor and allowed him to withdraw from the bank a certain sum of money, lying to the credit of the estate leaving a balance, which was intended to defray the cost of estate duty.

Held, that disobedience of the order of the District Court amounted to contempt of its authority.

Held, further, that in the circumstances the Supreme Court alone had jurisdiction to take cognizance of and punish such a contempt.

THIS was a rule calling on the respondent to show cause why he X should not be

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