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Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

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 conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

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Indian Succession Act, 1925 Chapter 2

Title: Of Wills and Codicils

State: Central

Year: 1925

.....imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the will but for fear of B. The Will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the.....

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Indian Succession Act, 1925 Section 59

Title: Person Capable of Making Wills

State: Central

Year: 1925

.....minor may dispose of his property by Will. Explanation 1. A married woman may dispose by Will of any property which she could alienate by her own act during her life. Explanation 2. Persons who are deaf or dumb or blind are not thereby incapacitated for making a Will if they are able to know what they do by it. Explanation 3. A person who is ordinarily insane may make a Will during an interval in which he is of sound mind. Explanation 4. No person can make a Will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. Illustrations (i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose favour it would be proper that he should make his Will. A cannot make a valid Will. (ii) A executes an instrument purporting to be his Will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid Will. (iii) A, being very feeble and debilitated, but.....

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Indian Succession Act, 1925 Section 61

Title: Will Obtained by Fraud, Coercion or Importunity

State: Central

Year: 1925

.....imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the will but for fear of B. The Will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the.....

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The Assam Cooperative Societies Act, 1949 Complete Act

State: Assam

Year: 1949

.....Corporation Limited v. Collector of Central Excise [AIR 1963 SC 104], was concerned with the question as to whether exemption of excise duty to the factory run by a Co-operative Society, when exempted on payment of such duty was discriminatory or not. Their Lordships held that such exemption does not fall under discrimination. Similar question also arose in the cases of P.V. Shivarajan v. The Union of India [1959 Supp (1) SCR 779] and Gordhandas v. Assistant Collector of Central Excise and Customs. [(Unreported, decided on 27-9-68 in CA No. 1040 of 1965]. CHAPTER 1 Preliminary 1. Short title, extent and commencement. (1) This Act may be called the Assam Co-operative Societies Act, 1949. (2) It extends to the whole of the State of Assam. (3) It shall come into force on such date as the State Government may appoint. COMMENTS The Act came into force from 1st April, 1950, vide Notification No. CG 6/50/ 40, dated 3-3-1950. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context " (a) "Administrative Council" means a body intermediary between a Managing Body and the General Assembly of registered society: "Affiliating Society".....

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The Assam Fish Seed Act, 2005 Complete Act

State: Assam

Year: 2005

.....act or becomes incapable of acting or remains absent from three consecutive meetings of the committee without assigning any valid reason to the satisfaction of the Chairman of the Committee or he has so fragrantly abused in any manner his position as a member of the Committee to render his continuance detrimental to the public interest. 5. Any vacancy of nominated members created by resignation, removal or otherwise shall be filled up by the State Government by renomination. 6. Any vacancy in the Committee shall not in any way affect the validity of proceedings in a meeting of the Committee. 7. A person shall be disqualified for being nominated as a member if he has been convicted of any offence involving moral turpitude or adjudged as a bankrupt or insolvent or is an uncertificated bankrupt or undercharged insolvent. 5. Functions of the Committee Subject to the provision of this Act and rules may there under the functions of the Committee shall be- a. to suggest the State Government on all matters relating to production, rearing, stocking, marketing, transport, import and export of fish seed and its monitoring throughout the State; b. to support formation of fish.....

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