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Start Free TrialParsi Marriage and Divorce Act, 1936 Complete Act
State: Central
Year: 1936
.....certificate was defective, irregular or incorrect. "Clause 17.- This new clause lays down general principles on which most discreet Judges would act and have acted." CHAPTER III- PARSI MATRIMONIAL COURTS SECTION 18: CONSTITUTION OF SPECIAL COURTS UNDER THE ACT For the purpose of hearing suits under this Act, a special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay, and in such other places in the territories of the several[State Governments] as such Governments respectively shall think fit. SECTION 19: PARSI CHIEF MATRIMONIAL COURTS The Court so constituted in each of the Presidency towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court or such other Judge of the same Court, as the Chief Justice shall from time to time appoint, shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided14[by five delegates, except in.....
List Judgments citing this sectionThe Christian Succession Act, 1921 (Cochin) Complete Act
State: Kerala
Year: 1921
.....dies leaving movable property in Cochin, in the absence of proof of any domicile elsewhere, succession to the property is regulated by this Act. Section 6 - Kindred or consanguinity Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor. Lineal consanguinity.- Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grand-father and so upwards in the direct ascending line, or between a man, his son, grandson, great-grandson and so downwards in the direct descending line. Every generation constitutes a degree, either ascending or descending. A man's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third. Collateral consanguinity.- Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. For the purpose of ascertaining in what degree of.....
List Judgments citing this sectionSuccession Act, 1925 Complete Act
State: Central
Year: 1925
.....under this section or exempted from the operation of any of the provisions of the Indian Succession Act, 1865(10 of 1865), under section 332 of that Act are in this Act referred to as "exempted persons". PART 02 OF DOMICILE SECTION 04: APPLICATION OF PART This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina. SECTION 05: LAW REGULATING SUCCESSION TO DECEASED PERSON'S IMMOVABLE AND MOVABLE PROPERTY, RESPECTIVELY (1) Succession to the immovable property in India of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death. (2) Succession to the movable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. SECTION 06: ONE DOMICILE ONLY AFFECTS SUCCESSION TO MOVABLES A person can have only one domicile for the purpose of the succession to his movable property. SECTION 07: DOMICILE OF ORIGIN OF PERSON OF LEGITIMATE BIRTH The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous.....
List Judgments citing this sectionThe Cochin Makkathayam Thiyya Act, 1940 Complete Act
State: Kerala
Year: 1940
.....them. Section 3 - Saving Nothing in this Act shall confer any right on the parties to a marriage dissolved before this Act comes into force. Section 4 - Act to constitute law in cases of intestate succession Except as provided for by any other law for the time being in force, the rules herein contained shall constitute the law of Cochin applicable to all cases of intestate succession among Thiyyas. Section 5 - Definitions In this Act unless there is something repugnant in the subject or context. (i) "Thiyya" includes Ezhava. Chova, Billava, Marayam, Thandan and others recognized as such. (ii) "Son", "Daughter" or any word which expresses relationship denotes only a legitimate relative. When owing to any physical defect or deformity, it is not possible to ascertain the sex of any of the heirs of an intestate, such heir shall, for the purpose of this Act, be regarded as a female. (iii) Kindred or consanguinity.- Kindred or consanguinity is the connection or relation of persons descended from the same stock or ancestor. Lineal consanguinity.- Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the.....
List Judgments citing this sectionSpecial Marriage Act, 1954 Complete Act
State: Central
Year: 1954
.....being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with. SECTION 14: NEW NOTICE WHEN MARRIAGE NOT SOLEMNIZED WITHIN THREE MONTHS Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5-, or where an appeal has been filed under sub-section (2) of section 8-, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10-, within three months from the date of decision of the Central Government the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act. CHAPTER 03 REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS OBJECTS AND REASONS Section 15(e). Proviso.- "In the.....
List Judgments citing this sectionIndian Succession Act, 1925 Part 4
Title: Of Consangunity
State: Central
Year: 1925
.....mother; or (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or (c) between those who were actually born in the lifetime of a person deceased, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. Section 28 - Mode of computing of degrees of kindred Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I. Illustrations (i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor, the grandfather; and from him one of ascent to the uncle, and another to the cousin-german, making in all four degrees. (ii) A grandson of the brother and a son of the uncle, i.e., a great-nephew and a cousin-german, are in equal degree, being each four degree removed. (iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 25
Title: Lineal Consanguinity
State: Central
Year: 1925
(1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great-grandson and so downwards in the descending line. (2) Every generation constitutes a degree, either ascending or descending. (3) A person's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in this third degree, and so on.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 5
Title: Intestate Succession
State: Central
Year: 1925
.....being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 29 - Application of Part (1) This Part shall not apply to any intestacy occurring before the firstday of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist,Sikh or Jaina. (2) Save as provided in sub-section (1) or by any otherlaw for the time being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 30 - As to what property deceased considered to have died intestate A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) A has left no will. He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property. .....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 2
Title: Rules in Cases of Intestates Other Than Parsis
State: Central
Year: 1925
.....order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 32 - Devolution of such property The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred Where the intestate has left a widow- (a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1 [save as provided by section 33A] if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 48
Title: Where Intestate Has Left Neither Lineal Descendant, nor Parent, nor Brother, nor Sister
State: Central
Year: 1925
Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. Illustrations (i) A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree. (ii) A, the intestate, has left a great-grandfather, or a great-grandmother, and uncles and aunts, and no other relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iii) A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iv) Ten children of one brother or sister of the intestate and one child of another brother or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him.
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