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Start Free TrialBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Preamble
Title: the Bombay High Court Letters Patents (Amendment) Act, 1948
State: Maharashtra
Year: 1948
THE BOMBAY HIGH COURT LETTERS PATENTS (AMENDMENT) ACT, 1948 [Act No. 41 of 19481] [4th May 1948] PREAMBLE An Act to amend the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three and to amend the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand and Eight hundred and Sixty-five. WHEREAS it is expedient to amend the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three and to amend the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One Thousand Eight hundred and Sixty-five, for the purposes hereinafter appearing; It is hereby enacted as follows :- _______________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948 Part V, p. 220.
View Complete Act List Judgments citing this sectionBombay High Court (Letters Patent) Act, 1866, (Maharashtra) Preamble
Title: the Bombay High Court (Letters Patent) Act, 1866
State: Maharashtra
Year: 1866
.....of its ordinary original civil jurisdiction, and also in respect of all such persons beyond such limits over whom the said High Court of Judicature at Fort William in Bengal shall have criminal jurisdiction at the date of the publication of these presents;" And whereas it is expedient to correct the two clerical errors in such section which are hereinbefore indicated by italics; It is hereby enacted as follows :- ____________________ 1. For Proceedings in Council relating to this Act, which was introduced and passed at one sitting see Gazette of India, 1886, Supplement p. 255. The short title was given by Bom. 2 of 1921. 2. General Statutory Rules and Orders.
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 2
Title: Amendment of Letters Patent of 8th December, 1823
State: Maharashtra
Year: 1948
In the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three - (1) in paragraph 21 - (a) after the words "Judicature at Bombay" where they occur for the first time, the words "and of the Bombay City Civil Court" shall be inserted; (b) after the words "Judicature at Bombay" where they occur for the second time, the words "or to the said Bombay City Civil Court, as the case may be," shall be inserted; (c) after the word "respectively" the words "or by the Bombay City Civil Court or by any Judge of the said Court" shall be inserted; (2) in paragraph 22 - (a) after the words "Judicature at Bombay" where they occur for the first time, the words "or the Bombay City Civil Court" shall be inserted; (b) after the words "Judicature at Bombay" where they occur for the second time, the words "or the said Bombay City Civil Court, as the case may be," shall be inserted; (c) for the word "Court" where it occurs at the end, the word "Courts" shall be substituted; (3) in paragraph 23 - (a) after the words "said Court" where they occur for the first time, the words "or of the sa
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 3
Title: Amendment of Letters Patent of 28th December, 1865
State: Maharashtra
Year: 1948
(1) In the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand Eight hundred and Sixty-five - (1) in clause 12, for the words "in which the debt, or damage, or value of property sued for does not exceed one hundred rupees" the words "or the Bombay City Civil Court" shall be substituted; (2) in clause 22 - (a) the words "within the local limits of its ordinary original civil jurisdiction, and also" shall be deleted; (b) for the words "such limits" the local limits of its ordinary original civil jurisdiction" shall be substituted. (2) For the avoidance of doubt, it is hereby declared that the amendments made by clause (2) of sub-section (1) shall not be deemed to affect any of the powers of the High Court under the provisions, for the time being in force, of the Code of Criminal Procedure, 1898.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 9
Title: Probate, Letters of Administration and Administration of Assets of Deceased
State: Central
Year: 1925
..... (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind. INDIAN SUCCESSION ACT, 1925Chapter 4 - OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION 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. 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.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 4
Title: Of the Practice in Granting and Revoking Probates and Letters of Administration
State: Central
Year: 1925
.....the A.O. 1948, for "thewhole of British India". 2. The words "of India" omitted by the A.O.1950. 3. Inserted by A.O. 1937. 4. Substituted by Act 3 of 1951,section 3 andSchedule, for "the States". 5. 1st April, 1937. 6. Added by the A. O. 1948. 7. The words "of India" omitted by Act 42of 1953, section 4 and Schedule III. 8. 15th August, 1947. Section 273 - Conclusiveness of probate or letters of administration Probate or letters of administration shall have effect overall the property and estate, moveable or immoveable, of the deceased,throughout the State in which the same is or are granted, and shall beconclusive as to the representative title against all debtors of the deceased,and all persons holding property which belongs to him, and shall afford fullindemnity to all debtors, paying their debts and all persons delivering up suchproperty to the person to whom such probate or letters of administration havebeen granted: Provided that probates and letters of administrationgranted- (a) by a High Court, or (b) by a District Judge, where the deceased at the time ofhis death had a fixed place of abode situate within the jurisdiction of suchJudge, and such.....
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 11
Title: Grant of Probate or Letters of Administration to Person Appearing in the Course of Proceedings Taken by Administrator-general
State: Central
Year: 1963
If, in the course of proceedings to obtain letters of administration under the provisions of Section 9 or Section 10, - (a) any person appears and establishes his claim- (i) to probate of the will of the deceased; or (ii) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law; or (b) any person satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925); or (c) the High Court is satisfied that there is no apprehension of misappropriation, deterioration, or waste of the assets and that the grant of letters of administration in such proceedings is not otherwise necessary for the protection of the assets; the High Court shall (1) in the case mentioned in clause (a), grant probate of the will or letters of administration accordingly; (2) in the case mentioned in clause (b) or clause (c), drop the proceedings; and (3) in all the cases award to the.....
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 Section 267
Title: District Judge May Order Person to Produce Testamentary Papers
State: Central
Year: 1925
(1) The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person. (2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the court may direct such person to attend for the purpose of being examined respecting the same. (3) Such person shall be bound to answer truly such questions as may be put to him by the court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, 1860 (45 of 1860), in case of default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the proceeding shall be in the discretion of the Judge.
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Chapter VI
Title: Probates, Letters of Administration and Certificates of Administration
State: Karnataka
Year: 1958
.....If, after the grant of probate or letters of administration of an estate, it is found by the Deputy Commissioner as a result of proceedings under section 56 or section 57 or otherwise, that a less fee has been paid than was payable according to the true value of the estate, he shall3[cause the deficit fee to be recovered], and if he is satisfied that the original undervaluation was not bona fide he shall levy in addition a penalty not exceeding five times the deficit fee. (5) The Chief Controlling Revenue Authority may remit the whole or any part of the amount forfeited under sub-section (2) or of any penalty under sub-section (3) or sub-section (4). ____________________ 1. Substituted by Act No. 10 of 2003, w.e.f. for the words "cause the probate or letters to be duly stamped." 2. Substituted by Act No. 10 of 2003, w.e.f. 1-4-2003 for the words "cause the probate or letters to be duly stamped on payment of the deficit fee" 3. Substituted by Act No. 10 of 2003, w.e.f. 1-4-2003 for the words "cause the probate or letters to be properly stamped on payment of the deficit fee" Section 59 - Administrator to give proper security [xxxxx] 59. Administrator to give proper.....
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