...Limitation Act of 1871. Their Lordships then quoted the well-known passage from the case of Katama Natchiar v. Rajah of Shivagunga [1863] 9 M.I.A. 539 (P.C.), which...has been described as laying down the rule, in Shivagunga's case [1863] 9 M.I.A. 539 (P.C.). No doubt, for the purpose of that case, it was not absolutely necessary to lay down that rule but there is...which was laid down in Shivagunga's case [1863] 9 M.I.A. 539 (P.C.) in the passage quoted at p. 894. I must here point out that all that was remarked in that passage was that the whole estate for the...

...] 9 M.I.A 539 , 2 W.R 31 (P.C)] and the case of Hari Nath Chatterjee v. Mathuramohun Goswami [1894] 21 Cal. 8 , 20 I.A 183 (P.C), threw the suit out on the...think the principle of the Shivagunga case [1861-63] 9 M.I.A 539 , 2 W.R 31 (P.C) cannot be extended so as to cover a case of the kind we are dealing with. It is true Page: 13that...than her own, the general rule laid down in the Shivagunga case [1861-63] 9 M.I.A 539 , 2 W.R 31 (P.C) might apply. But it has often been pointed out that it cannot apply to cases in...

...considering the prior decisions relating to prescription against a widow, more particularly Katama Natchiar v. Raja of Shivagunga 9 M.I.A. 539 : 2 W.R.P.C. 31 : 1 Suth. P.C.J...referred shows in their opinion that the Board has invariably applied the rule of the Shivagunga case 9 M.I.A. 539 : 2 W.R.P.C. 31 : 1 Suth. P.C.J. 520 : 2 Sar. P.C.J...Shivagunga's case 9 M.I.A. 539 : 2 W.R.P.C. 31 : 1 Suth. P.C.J. 520 : 2 Sar. P.C.J. 25 : 19 E.R. 843 to the effect that on adverse decree against a Hindu...

...down by their Lordships in the case of Katama Natchicr v. Rajah of Shivagunga 9 M.I.A. 539 : 2 W.R.P.C. 31 : 1 Suth. P.C.J. 520 : 2 Sar. P.C.J. 305...

...nature of property in an impartible Raj the Privy Council in the case of Katama Natchiar v. The Rajah of Shivagunga 9 M.I.A. 539 at p. 589 : 2 W.R. 31...survivorship. [See Naragunty Luchmidavamah v. Vengama Naidoo 9 M.I.A. 66 : 1 W.R. (P.C.) 30 Heeranath Kooer v. Baboo Rurm Narain Singh 17 W.R. 316 : 15...appeared for the Crown to support the opinion of the lower Courts. 2. Section 4 of the Succession Certificate Act, VII of 18-9, provides that "no Court shall...

...question is whether having regard to the decision of the Privy Council in Katama Natchiar v. The Rajah of Shivagunga (1863) 9 M.I.A. 539, the question in the previous suit was...

..., it is impossible to say who are the persons who will be entitled to succeed as heirs to her husband; 9 M.I.A 539 at p. 604. The succession does not open to the heirs of the husband until the...Act.9. Mr Naunit Lal appearing for the appellant argued that the result of the decision of this Court in Eramma v. Verrupanna is that on the death of Wadhawa Singh's widow...

...Sivaganga (1863) 9 M.I.A. 539 for the succession of self-acquisition. The siuia holds good in the case of the self-acquisition of a Nambudri. The Nambudri is governed by the Smritis. He is even more...

...v. The Rajah of Shivaganga . [1862] 9 M.I.A 539, it was held that a Hindu widow who represents the whole estate in a litigation represents also the reversioners and at p...

...decision in Katama Natchier v. Raja of Shivagunga [1861-63] 9 M.I.A. 539, that where no special custom is proved, the customary law of succession is to be found in the Mitakshara...happened in Katama Nachier v. Raja of Shivagunga [1861-63] 9 M.I.A. 539. On the other hand, it is also well settled that as regards an impartible estate which was or had to be...

...the mother in her lifetime had, upon the principle of Katama Natchire v. The Rajah of Shivagunga (1863) 9 M.I.A. 539 operated to bar the interest of the plaintiff...Lordships' Board in the Shivagunga case (1863) 9 M.I.A. 539 established the principle of the representation of the inheritance by a Hindu widow. That case was decided during the currency of the Act of...formed part of Uttam Ram's estate. In fact, the mother and the aunt received payment of the malikana of Rs. 1,600 in equal moieties. 9. In 1886 the mother began a suit (No. 237 of 1888...

...9 M.I.A. 539 : 2 W.R. 31 (P.C.). He refers to the remarks at page 609 of the report to the effect thai: self-acquired property, if the acquirer loaves male issue, will descend to that...inherited from his father or other predecessor." 5. Clauses 9 and 10 of Section V of the same Chapter are in conflict with the above in that they lay down...may be pointed out, however, that for the special case of re-union after partition, the Mitakshara makes provision in chapter II Section 9 and it is clear, therefore, that the re-united sons would take...

...survivorship falls…..”11. In 12 M.I.A 5235 at p. 541 their Lordships say:“In 9 M.I.A 539 …. it is stated in a judgment which underwent the most careful consideration by...1941 Nag. 29765. A different view was taken by Stuart and Bisheshar Nath, JJ. in 5 Luck. 649 where, relying on 9 M.I.A 539, their Lordships held that in the case of property...they have no right of interdiction which they have in the case of ancestral property. In 12 M.I.A 523 at p. 541 their Lordships said:“In 9 M.I.A 539 at p. 610 it is stated in a...

...Katama Natchier v. Rajah of Shivagunga 9 M.I.A. 539 : 2 W.R. 31. (P.C.) : 1 Suth. P.C.J. 620 : 2 Sar. P.C.J. 25 : 19 E.R. 843...

.... 10 The case of Katama Natchier v. The Rajah of Shivagunga (1863) 9 M.I.A. 539, which has been brought to their Lordships' notice, has no direct bearing upon the point now to be...complusion, but the kind of pressure which the law recognises an serious and sufficient. 9. Btaring this in mind their Lordships will proceed to consider whether an alienation, which is the...

...Katama Natchiar's case 9 M.I.A. 539 P.C. I may in this connection recall the well-known dictum of Lord Halsbury in Quinn v. Leathem 1901 A.C. 490 that a case is authority for what it.... The views expressed by Hamilton J. need not be examined separately as he assumes that the dictum of the Judicial Committee in Katama Natohiar v. Moottoo Vijaya Ranganadha 9 M.I.A. 539 (P.C...M.I.A. 539 at p. 615: But the law of partition shows that as to the separately acquired property of one member of a united family, the other members of that family have. neither...

...Vallabha Taver. The zamindary in question was admitted to be impartible. The claims in the case were stated by Lord Justice Turner as follows :- (1) (1863) 9 M.I.A. 539 = 1 Suther, 520...-mentioned case of Ventana, follows it and Sivagunga in preference to the Tipparah case. (5) (1872) 9 B.L.R. 274 = 17 W.R. 316...Macnaghten in 32 I. A., as will be subsequently mentioned. Rajah Rup Singh v. Rani Baisni (9). This was a case between a widow and the nearest male heir. This decision is...

...) 9 M.I.A. 539, 604, where, dealing with the question under what circumstances a decree against the widow may bind the rever-sioners, the Board expressed itself thus :- that, unless...now treat the decree, which was based on the award, as a nullity, and claim possession of these properties ad this distance of time. 9. After answering the first two questions in the...

...Ragunadha Bodha Gooroo Sawmy Periya Oodaya Taver . 1861-63 9 M.I.A 539.9. There can be no doubt on the facts, pleadings and judgment in this case that the widow was...

...litigation would bind the inheritance. Katamanatchier v. Raja of Shivagunga 9 M.I.A. 539 : at p. 604 : 2 W.R. 31 (P.C...