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Start Free TrialCotton Ginning and Pressing Factories Act, 1925 Section 7
Title: Liability of Lessee as Owner
State: Central
Year: 1925
(1) Where the owner of a cotton ginning or pressing factory has leased the factory for a period of not less than one month, in the case of a cotton ginning factory, or three months in the case of a cotton pressing factory, and the lessor retains no interest in the management or profits of the factory and notice of the lease has been given by the lessor and the lessee to the prescribed authority, the lessee shall be deemed to be the owner of the factory, from the date of the notice and for the period of the continuance of the lease, for the purposes of section 3, in respect of the registers maintained or to be maintained from that date and for that period, and for the purposes of sections 4, 5{ Ins.by Act 9 of 1942, s.3.}[5A] and 6. (2) On the termination of the lease the lessee shall hand over to the lessor the registers maintained under section 3, and the lessor shall forthwith report to the prescribed authority any default of the lessee in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of section 3. (3) If default is made in handing over any register or making any report as required by this section, the.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 264
Title: Jurisdiction of District Judge in Granting and Revoking Probates, Etc.
State: Central
Year: 1925
Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay,1[***] shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. ______________________ 1. The words "and the province of Burma" omitted by the A.O. 1937.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 288
Title: Procedure Where there is Contention, or District Delegate Thinks Probate or Letters of Administration Should Be Refused in His Court
State: Central
Year: 1925
In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purpose of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the District Judge.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 287
Title: Power to Transmit Statement to District Judge in Doubtful Cases Where No Contention
State: Central
Year: 1925
In every case in which there is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the District Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who may direct the District Delegate to proceed in the matter of the application, according to such instructions as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Judge.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 286
Title: District Delegate when Not to Grant Probate or Administration
State: Central
Year: 1925
A District Delegate shall not grant probate or letters of administration in any case in which there is contention as to the grant, or in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court. Explanation."Contention" means the appearance of any one in person, or by his recognised agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 283
Title: Powers of District Judge
State: Central
Year: 1925
(1) In all cases the District judge or District Delegate may, if he thinks proper, (a) examine the petitioner in person, upon oath; (b) require further evidence of the due execution of the Will or the right of the petitioner to the letters of administration, as the case may be; (c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration. (2) The citation shall be fixed up in some conspicuous part of the court-house, and also the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct. (3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 280
Title: Petition for Probate, Etc., to Be Signed and Verified
State: Central
Year: 1925
The petition for probate or letters of administration shall in all case be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner, namely: "I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief."
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 279
Title: Addition to Statement in Petition, Etc., for Probate or Letters of Administration in Certain Cases
State: Central
Year: 1925
Section 279 - Addition to statement in petition, etc., for probate or letters of administration in certain cases (1) Every person applying to any of the Courts mentioned in the proviso to section 273 for probate of a Will or letters of administration of an estate intended to have effect throughout1[India], shall state in his position, in addition to the matters respectively required by section 276 and section 278, that to the best of his belief no application has been made to any other Court for a probate of the same Will or for letters of administration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same. ______________________ 1. Substituted by Act 3 of 1951, sec. 3 and Schedule, for "the States".
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 277
Title: In What Cases Translation of Will to Be Annexed to Petition. Verification of Translation by Person Other Than Court Translator
State: Central
Year: 1925
In cases wherein the Will, copy or draft, is written in any language other than English or than that inordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the Will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely: "I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof."
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 276
Title: Petition for Probate
State: Central
Year: 1925
.....or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating (a) the time of the testator's death, (b) that the writing annexed is his last Will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner's hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will. (2) In addition to these particulars, the petition shall further state, (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the.....
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