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Shaikh Shukrullah and Others Vs. Mt. Zohra Bibi and Others - Court Judgment

LegalCrystal Citation
CourtPrivy Council
Decided On
Case NumberPrivy Council Appeal No. 8 of 1934 (From Allahabad: Allahabad Appeal No. 29 of 1932)
Judge
Reported inAIR1937PC35
AppellantShaikh Shukrullah and Others
RespondentMt. Zohra Bibi and Others
Advocates:W. Wallach, for Appellants. Solicitors for Appellants, Hy. S.L. Polak and Co.
Excerpt:
.....a matter such as this when they are without knowledge of the facts, which alone could be obtained by close investigation of the case itself. their lordships desire to intimate that they would be obliged if, in cases such as this, where a compromise which affects the interests of minors is proposed and submitted for their lordships' approval, the court from which the case comes upon appeal would take the matter of the proposed compromise into consideration and certify to their lordships whether in their opinion the proposed compromise is or is not in the interests of the minor or minors. their lordships think that as much publicity as possible should be given to this intimation and that in future, when there is a case of a similar kind, the parties who desire to obtain their lordships'.....
Judgment:

LORD ROCHE:

Their Lordships think that in this case they can approve of this compromise; but they desire to point out the difficulty in which they are placed in determining a matter such as this when they are without knowledge of the facts, which alone could be obtained by close investigation of the case itself. Their Lordships desire to intimate that they would be obliged if, in cases such as this, where a compromise which affects the interests of minors is proposed and submitted for their Lordships' approval, the Court from which the case comes upon appeal would take the matter of the proposed compromise into consideration and certify to their Lordships whether in their opinion the proposed compromise is or is not in the interests of the minor or minors. Their Lordships think that as much publicity as possible should be given to this intimation and that in future, when there is a case of a similar kind, the parties who desire to obtain their Lordships' approval to the proposed compromise should ask the Court from which the appeal comes to deal with the matter in accordance with their Lordships' request.

Order accordingly.


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