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Start Free TrialIndian Succession Act, 1925 Section 100
Title: Words Expressing Relationship Denote Only Legitimate Relatives or Failing Such Relatives Reputed Legitimate
State: Central
Year: 1925
.....to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 7
Title: Domicile of Origin of Person of Legitimate Birth
State: Central
Year: 1925
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 child, in the country in which his father was domiciled at the time of the father's death. Illustration At the time of the birth of A, his father was domiciled in England. A's domicile of origin is in England, whatever may be the country in which he was born.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 6
Title: Testamentary Succession
State: Central
Year: 1925
.....of ministers of religion; for the formation or support of a public garden; All these bequests are void. _____________________ 1. Added by Act 51 of 1991, section 6. INDIAN SUCCESSION ACT, 1925Chapter 8 - OF THE VESTING OF LEGACIES Section 119 - Date of vesting of legacy when payment or possession postponed Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest. Explanation.An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives,.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 6
Title: Of the Construction of Wills
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.....
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Complete Act
State: Central
Year: 1955
.....and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. SECTION 02: APPLICATION OF ACT (1) This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas, or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such.....
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 sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Chapter I
Title: PRELIMINARY
State: Central
Year: 1948
.....to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power.] ___________________ 1. The words "except the State of Jammu and Kashmir" which were subs. for "except Part B States" by Act 53 of 1951, sec. 2, have been omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971). 2. Subs. by Act 53 of 1951, sec. 2, for "for different States" (w.e.f. 6-10-1951). 3. Ins. by Act 29 of 1989, sec. 2(i) (w.e.f. 20-10-1989). 4. Subs. by Act 53 of 1951, sec. 2, for "with the approval of the Central Government" (w.e.f. 6-10-1951). 5. Ins. by Act 29 of 1989, sec. 2(ii) (w.e.f. 16-5-1990). 6. Substituted by the Employees' State Insurance (Amendment) Act, 2010 w.e.f. 01.06.2010 for the following :- "six months'" Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context,-- (1) "appropriate Government" means, in respect of establishments under the control of the Central Government or 1[a railway administration] or a major port or a mine or oilfield,.....
View Complete Act List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Section 2
Title: Definitions
State: Central
Year: 1948
.....does not include an individual manager subordinate to an employer; 15[(14AA) "manufacturing process" shall have the meaning assigned to it in the Factories Act, 1948 (63 of 1948);] (14B) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);] (15) "occupier" of the factory shall have the meaning assigned to it in the Factories Act, 16[1948 (63 of 1948)]; 4[(15A) "permanent partial disablement" means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement; (15B) "permanent total disablement" means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident in such disablement: Provided that permanent total disablement shall.....
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Complete Act
State: Central
Year: 1956
.....a person who, though not a Hindu by religion is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. SECTION 03: DEFINITIONS In this Act, unless the context otherwise requires,- (a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: Provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family; (b) "maintenance" includes- (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable expenses of and incidents to her marriage; (c) "minor" means a person who has not completed his or her age of eighteen years. SECTION 04: OVERRIDING EFFECT OF ACT Save as otherwise expressly provided in this Act,- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before.....
List Judgments citing this sectionGovernment of India Act, 1915-19 [Repealed] Repealing Act 1
Title: Government of India Act, 1935
State: Central
Year: 1915
.....of ministers. (3) If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision, of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor-General shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment]. ___________________________ 1.These words up to the end of the section were omitted, by the India (Provisional Constitution) Order, 1947. 10. Other Provisions as to ministers (1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure. (2) A minister who for any period of six consecutive months is not a member of 1 [either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister. (3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal.....
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