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Start Free TrialProvident Funds Act, 1925 Section 6A
Title: Witholding or Recovery of Government Contributions in Case of Central Government Officers Taking Up, Without Prior Permission, Commercial Employment Within Two Years of their Retirement.
State: Central
Year: 1925
.....under this Section to a Central Government officer for taking up any commercial employment the Central Government shall have regard to the following factors, namely: (a) the nature of the employment proposed to be taken up and the antecedent of the employment ; (b) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Government: (c) whether the officer white in service had any such dealing with the employer under whom he proposes to seek employment as might afford a reasonable basis for the suspicion that such officer had shown favour to such employer : (d) any other relevant factors which may be prescribed. (5) Where within a period of sixty days of the date of receipt of an application under sub-Section (3), the Central Government does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the Central Government shall be deemed to have granted the permission applied for. (6) Where the Central Government grants the permission applied for subject to any condition or refuses such permission, the applicant may, within thirty days of the receipt of the order of 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 Chapter 22
Title: Of Election
State: Central
Year: 1925
.....England does not pass by theWill. Cmay claim his legacy without giving up thereal property in England. ________________________ 1. Substitutedby Act 3 of 1951, section 3 and Schedule, for "the States". Section 182 - Testator's belief as to his ownership immaterial The provisions of sections 180 and 181apply whether the testator does or does not believe that which he professes todispose of by his Will to be his own. Illustrations (i) The farm of Sultanpur was theproperty of C. A bequeathed it to B,giving a legacy of 1,000rupees to C. C has elected to retain hisfarm of Sultanpur, which is worth 800rupees. C forefeitshis legacy of 1,000 rupees, of which 800 rupees goes to B, andthe remaining 200 rupees falls into the residuarybequest, or devolves according to the rules of intestate succession, as thecase may be. (ii) A bequeaths an estate to B in case B'selder brother (who is married and has children) shallleave no issue living at hisdeath. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewelor to lose the estate. (iii) A bequeaths to B 1,000rupees, and to C an estate which Will, under a settlement, belong to B ifhis elder brother(who.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 180
Title: Circumstances in Which Election Takes Place
State: Central
Year: 1925
Where a person, by his Will professes to dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any benefit which may have been provided for him by the Will.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 182
Title: Testator's belief as to his ownership immaterial
State: Central
Year: 1925
.....and to C an estate which Will, under a settlement, belong to B ifhis elder brother(who is married and has children) shallleave no issue living at hisdeath. B must elect to give up the estateor to lose the legacy. (iv) A, a person of the age of 18, domiciled in 1 [India] but owning real property in England, to which C is heir atlaw, bequeaths a legacy to C and, subjectthereto, devises and bequeaths to B"all my property whatsoever and wheresoever", and dies under 21. The real property in England does not pass by theWill. Cmay claim his legacy without giving up thereal property in England. ________________________ 1. Substitutedby Act 3 of 1951, section 3 and Schedule, for "the States".
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 183
Title: Bequest for man's benefit how regarded for purpose of election
State: Central
Year: 1925
A bequest for a person's benefit is, for the purpose of election, the same thing as a bequest made to himself. Illustration The farm of Sultanpur Khurd being the property of B, A bequeathed it to C ; and bequeathed another farm called Sultanpur Buzurg to his own executors with a direction that it should be sold and the proceeds applied in payment of B' debts. B must elect whether he Will abide by the Will, or keep his farm of Sultanpur Khurd in opposition to it.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 184
Title: Person Deriving Benefit Indirectly Not Put to Election
State: Central
Year: 1925
A person taking no benefit directly under a Will, but deriving a benefit under it indirectly, is not put to his election. Illustration The lands of Sultanpur are settled upon C for life, and after his death upon, D, his only child. A bequeaths the lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made any election. D takes out administration to C, and as administrator elects on behalf of C's estate to take under the Will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur which accrued after the death or the testator and before the death of C. In his individual character he retains the lands of Sultanpur in opposition to the Will.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 185
Title: Person Taking in Individual Capacity Under Will May in Other Character Elect to Take in Opposition
State: Central
Year: 1925
A person who in his individual capacity takes a benefit under a Will may, in another character, elect to take in opposition to the Will. Illustration The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to D, and 2,000 rupees to B, and 1,000 rupees to C, who is B's only child. B dies intestate, shortly after the testator, without having made any election. C takes out administration to B, and as administrator elects to keep the estate of Sultanpur in opposition to the Will, and to relinquish the legacy of 2,000 rupees. C may do this, and yet claim his legacy of 1,000 rupees under the Will.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 186
Title: Exception to Provisions of Last Six Sections
State: Central
Year: 1925
Notwithstanding anything contained in sections 180 to 185, where a particular gift is expressed in the Will to be in lieu of something belonging to the legatee which is also in terms disposed of by the Will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the Will. Illustration Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his Will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 187
Title: When Acceptance of Benefit Given by Will Constitutes Election to Take Under Will
State: Central
Year: 1925
Acceptance of a benefit given by a Will constitutes an election by the legatee to take under the Will, if he had knowledge of his right to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives inquiry into the circumstances. Illustrations (i) A is owner of an estate called Sultanpur Khurd, and has a life interest in another estate called Sultanpur Buzurg to which upon his death his son B Will be absolutely entitled. The Will of A gives the estate of Sultanpur Khurd to B and the estate of Sultanpur Buzurg to C. B, in ignorance of his own right to the estate of Sultanpur Buzurg, allows C to take possession of it, and enters into possession of the estate of Sultanpur Khurd. B has not confirmed the bequest of Sultanpur Buzurg to C. (ii) B, the eldest son of A, is the possessor of an estate called Sultanpur. A bequeaths Sultanpur to C and to B the residue of A's property. B having been informed by A's executors that the residue Will amount to 5,000 rupees, allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500 rupees. B has not confirmed the beque
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