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    <title>1962 (10) TMI 79 - ALLAHABAD HIGH COURT</title>
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    <description>An appeal under Section 299 of the Indian Succession Act, 1925 against an order granting letters of administration was examined for court-fee liability under the Court Fees Act, 1870. Proceedings for letters of administration begin by petition, and Section 295 does not convert contentious probate proceedings into a suit for court-fee purposes. Although an order granting letters of administration finally determines the representative right to the estate and has the force of a decree, it is not a decree in the strict sense. On that basis, Schedule II Article 11 and Schedule II Article 17(vii) were held inapplicable, Schedule I Article 1 was also inapplicable because the right was not valuably assessable, and the memorandum of appeal attracted only Schedule II Article 1(e)(5) as an application to the High Court.</description>
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    <pubDate>Fri, 12 Oct 1962 00:00:00 +0530</pubDate>
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      <title>1962 (10) TMI 79 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276144</link>
      <description>An appeal under Section 299 of the Indian Succession Act, 1925 against an order granting letters of administration was examined for court-fee liability under the Court Fees Act, 1870. Proceedings for letters of administration begin by petition, and Section 295 does not convert contentious probate proceedings into a suit for court-fee purposes. Although an order granting letters of administration finally determines the representative right to the estate and has the force of a decree, it is not a decree in the strict sense. On that basis, Schedule II Article 11 and Schedule II Article 17(vii) were held inapplicable, Schedule I Article 1 was also inapplicable because the right was not valuably assessable, and the memorandum of appeal attracted only Schedule II Article 1(e)(5) as an application to the High Court.</description>
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      <pubDate>Fri, 12 Oct 1962 00:00:00 +0530</pubDate>
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