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A Strange Privy Council Decision and the Hindu Widow’s Remarriage Act, 1856

By Prof. J.Duncan M. Derrett

Published In

Air 1955

It is now well-known that the Privy Council decision in — ‘Anant Bhikappa v. Shankar Ramchandra’,1, which caused so much embarrassment in Bombay and which was with such great difficulty “distinguished” by the Madras High Court in — ‘Raju v. Lakshmi Ammal’,2, was severely dealt with by the Supreme Court in — ‘Shrinivas Krishnarao Kango v. Narayan Devji Kango’,3, on the ground that the Privy Council had attempted in ‘Anant’s case (A)’, to lay down a rule which was wrong and unjustifiable on the then available authorities; that decision, the Supreme Court has held, “went far beyond what had been previously understood to be the law”, and was not in consonance with a principle well-established in Indian jurisprudence. The result was that the aberration was corrected, much to the relief of the pub ....

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