Bare Act Search Results

Indian Succession Act, 1925 Section 265

Title: Power to Appoint Delegate of District Judge to Deal with Non-contentious Cases

State: Central

Year: 1925

(1) The High Court may appoint such judicial officers within any districts as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe: Provided that, in the case of High Courts not established by Royal Charter such appointments shall not be without the previous sanction of the State Government. (2) Persons so appointed shall be called "District Delegates".

Indian Succession Act, 1925 Part 9

Title: Probate, Letters of Administration and Administration of Assets of Deceased

State: Central

Year: 1925

.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....

Indian Succession Act, 1925 Chapter 4

Title: Of the Practice in Granting and Revoking Probates and Letters of Administration

State: Central

Year: 1925

.....court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act. Section 299 - Appeals from orders of District Judge Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals. Section 300 - Concurrent jurisdiction of High Court (1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay1[* * *] 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.....

Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....

Indian Succession Act, 1925 Complete Act

Title: Indian Succession Act, 1925

State: Central

Year: 1925

..... Section383 - Revocation of certificate Section384 - Appeal Section385 - Effect on certificate of previous certificate, probate or letters of administration Section386 - Validation of certain payments made in good faith to holder of invalid certificate Section387 - Effect of decisions under this Act, and liability of holder of certificate thereunder Section388 - Investiture of inferior courts with jurisdiction of District Court for purposes of this Act Section389 - Surrender of superseded and invalid certificates Section390 - Provisions with respect to certificates under Bombay Regulation VIII of 1827 Part 11 Section391 - Saving Section392 - Repeals Schedule1 - SCHEDULE 1 Schedule2 - SCHEDULE 2 Schedule3 - SCHEDULE 3 Schedule4 - SCHEDULE 4 Schedule5 - SCHEDULE 5 Schedule6 - SCHEDULE 6 Schedule7 - SCHEDULE 7 Schedule8 - SCHEDULE 8 Schedule9 - SCHEDULE 9

Code of Civil Procedure, 1908 Part V

Title: Special Proceedings

State: Central

Year: 1908

.....under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat; (c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.] _________________ 1. Section 89 rep. by Act 10 of 1940, sec. 49 and Sch. II and again inserted by Act, 46 of 1999, sec. 7 (w.e.f. 1-7-2002). Section 90 - Power to state case for opinion of Court Special case Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. Section 91 to 93.....

Code of Civil Procedure, 1908 Section 92

Title: Public Charities

State: Central

Year: 1908

.....harmful to the community, or (iii) ceased to be, in law, charitable, or (iv) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust.] __________________ 1. Section 92 shall not apply to any religious trust in Bihar, See Bihar Act 1 of 1951. 2. Substituted by Act 104 of 1976, section 31(I) for "consent in writing of the Advocate-General" (w.e.f. 1-2-1977). 3. Inserted by Act 66 of 1956, section 9 (w.e.f. 1-1-1957). 4. Inserted by Act 2 of 1951, section 13 (w.e.f. 1-4-1951). 5. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "a Part B State". 6. Inserted by Act 104 of 1976, section 31(ii) (w.e.f. 1-2-1977).

Transfer of Property Act, 1882 Section 52

Title: Transfer of Property Pending Suit Relating Thereto

State: Central

Year: 1882

.....be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.] _______________________ 1. Substituted by Act 20 of 1929, Section 14, for " active prosecution". 2. Substituted by the A.O. 1950 for "in the Provinces or established beyond the limits of the Provinces". 3. Substituted by Act 3 of 1951, Section 3 and Schedule, for "within the limits of Part A States and Part C States (w.e.f. 1-4-1951). 4. Substituted by the A.O. 1937 for "the Governor General in Council". 5. The words "or the Crown Representative" rep. by the A.O. 1948. 6. Substituted by Act 20 of 1929, Section 14, for "a contentious". 7. Inserted by Act 20 of 1929, Section 14.

Indian Succession Act, 1925 Section 295

Title: Procedure in Contentious Cases

State: Central

Year: 1925

In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....