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Thresia and anr. Vs. Kochuthommen

Court : Kerala

Subject : Family

Acts : Administrator General Act, 1963 - Sections 29, 32 and 53; Succession Act, 1925 - Sections 213 and 391

Reported in : AIR1991Ker337

is whether merely on the strength of certificate issued by the Administrator General under Section 29 of the Administrators General Act, 1963 but without obtaining a probate from the District Court under the provisions of Part IX of the Indian … 35 confers protection to persons making bona fide payments to holders of certificate for payments made before revocation. Section 53 states that nothing contained in the Indian Succession Act, 1925 or the Companies Act, 1956 shall be taken

Collector, Varanasi Vs. Rai Prem Chand and Others

Court : Allahabad

Subject : PropertyLimitation

Acts : Land Acuquisition Act, 1894 - Sections 3, 11, 18, 22, 23, 23(1), 26, 26(1)and (2), 47, 53 and 54; Code of Civil Procedure (CPC), 1908 - Sections 2(2) and (9) and 96; Limitation Act, 1963 - Sections 5 - Schedule - Articles 115, 151, 153 and 156; General Clauses Act, 1897 - Sections 53(5); Bengal, Agra and Assam Civil Courts Act, 1887; Provincial Insolvency Act - Sections 46; Succession Act; Probate and Administration Act;

Reported in : AIR1992All206

that of the District Judge as defined in Sec. 53(5) of the General Clauses Act (Act No. X of 1897) and read with Bengal, Agra … sought unlessit was specifically made applicable to proceedings under the Act. It was contended thatno provision of Limitation Act, 1963 has beenmade applicable to Land Acquisition Act andtherefore no plea as to bar of limitation can beraised to … Bench in the above case specifically referred to the provisions of the Land Acquisition Act also where under Section 53 makes the Civil P. C. applicable to all proceedings before the Court. Even the appeal under S. 54 … There are several Acts, for example, the Succession Act, the Probate and Administration Act, and the Land Acquisition Act, which make the Code of Civil

D.Johnrose Vs. Chidambara Vinayagar Pillaiyar

Court : Chennai

Subject : Land Acquisition

Acts : Tamil Nadu Buildings (Lease and Rent Control) Act; Specific Relief Act, 1963 - Section 41(j); Limitation Act, 1963 - Article 54; Indian Penal Code (IPC) - Sections 96 to 105; Code of Civil Procedure (CPC) - Orders 39, 41 Rules 1, 2, 31, 23; Transfer of Property Act - Section 53A

mere asking, such relief should be given. Injunction is a personal right under S.41(j) of the Specific Relief Act, 1963; the plaintiff must have personal interest in the matter. The interest of right not shown to be in … this Court points out that in the decision of Honourable Supreme Court inMunshi Ram and Others V. Delhi Administration reported in AIR 1968 SUPREME COURT at page 702, at page 707 at paragraph 20, it is observed … Appellant/Plaintiff has no independent right and the Appellant/Plaintiff has known these facts.(xxxix) Generally, a suit for specific performance of contract is not to be decreed … not confer some right on the transferee, if the conditions of that section are fully satisfied. If the transferee who has fulfilled the conditions of … Court.(XL) It is to be noted that Section 53(A) of the Transfer of Property Act contemplates a

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

Subject : Education

the Constitution and in supersession of all previous orders on the subject, the President hereby directs that the Administrators of all Union Territories other than Arunachal Pradesh and Mizoram (whether known as Administrator, Chief Commissioner or Lieutenant … Cabinet system of Government adopted by our Constitution. Under this system, the general rule is that the exercise of executive functions by the Administrator has … also the submission of Mr Jethmalani must be rejected." 103. Section 44(1) of the Government of Union Territories Act, 1963 which is pari materia with Article 239AA(4) may be reproduced hereunder for ready reference: "44. Council of Ministers.-(1) … as to costs. Constitution of India - Article 1, Article 52, Article 53, Article 74, Article 131, Article 154, Article 162, Article 163, Article 163(1),

M/S. Ravichandran Transports Mettur Dam, Salem District Vs. United Ind ...

Court : Chennai

Subject : Insurance

Acts : Code of Civil Procedure (CPC) 1908 -- Sections 20; Marine Insurance Company Act, 1963 -- Sections 2, 3, 4 (2), 17, 52, 53, 79 & 90; Transfer of Property Act, 1882 -- Sections 6, 135-A; Carriers' Act; Indian Stamp Act, 1899 -- Article 47A

Reported in : 2000(1)CTC748; (2000)IIMLJ318

interest over the same. Therefore the assignment of the policy is inoperative. In this context I refer to section 53 of the 1963 Act, which reads as follows:'Assured who has no interest cannot assign: Where the assured has … of the Andhra Pradesh High Court reported in United India Fire & General Insurance Company Limited v. Palaniappa Transport Carriers and another, : AIR1986AP32 . … Act. I have already noticed in this case that after the coming into force of the Marine Insurance Act, 1963. section 135-A of the Transfer of Property Act stands repealed and consequently stands incorporated in the Marine Insurance Act … the goods were carried for transit by land alone by a Railway Administration and the question was as to whether the insurer, who had paid

In Re: Begum Shanti Tufail Ahmad Khan an Application for Grant of Prob ...

Court : Allahabad

Subject : Family

Acts : Courts of Wards Act; Indian Succession Act, 1925; Limitation Act, 1963 - Sections 4 and 5 - Schedule - Article 137; Indian Limitation Act, 1901 - Schedule - Article 181; Indian Succession Act, 1923 - Sections 141; Code of Civil Procedure (CPC) - Sections 48; Mullah's Principles of Mohamdan Laws - Sections 117 and 118; Muslim Law

Reported in : AIR2006All75

petition for probate. Sri J. Nagar, Administrator General states that in the circumstances Article 137 of the Limitation Act 1963 would be applicable, which is residuary clause and provides that for any other application for which no period … to Sri Ruikom Deen son of Sri Badruddin, alleged to be the only surviving next kith and kin. Administrator General, Board of Revenue, U.P. and to be published in the news paper. The advertisement was carried out … the heirs consent thereto after the death by the testator. Para 52, 53, 63 to 72 of the judgment are quoted as below;52. Any Mamomedan … 151, Hon'ble S.B. Sinha, J (as he then was) held relying upon Section 118 of Mullah's principles of Mahomedan Law that a Mahomedan cannot by

Ravichandran Transports Vs. United India Insurance Company Limited

Court : Chennai

Subject : InsuranceMotor Vehicles

Reported in : 2(2000)ACC69

interest over the same. Therefore, the assignment of the policy is inoperative. In this context I refer to Section 53 of the 1963 Act, which reads as follows:Assured who has no interest cannot assign--Where the assured has parted … of the Andhra Pradesh High Court reported in United India Fire and General Insurance Co. Limited v. Palaniappa Transport Carriers and Anr. : AIR1986AP32 . … Act. I have already noticed in this case that after the coming into force of the Marine Insurance Act, 1963, Section 135-A of the Transfer of Property Act stands repealed and consequently stands incorporated in the Marine Insurance Act … the goods were carried for transit by land alone by a Railway Administration and the question was as to whether the insurer, who had paid

Ref. by President

Court : Supreme Court of India

Subject : ElectionConstitution

Acts : Constitution of India - Articles 69, 69(2), 75, 79, 83, 85, 85(1), 85(2), 87, 88, 94, 98, 99, 100, 101, 102, 103, 104, 106, 107, 107(5), 109, 110, 111, 123, 143, 143(1), 145(1), 147, 153, 159, 163, 164, 168, 169, 164(2), 164(4), 170, 171, 172, 172(1), 174, 174(1), 174(2), 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 196, 196(5), 197, 197(2), 198, 202, 209, 213, 289, 290, 324 to 329, 352, 355, 356, 356(1), 360 and 368; Representation of the People Act, 1951 - Sections 14, 15, 15(2) and 73; Government of India Act, 1915 - Sections 63, 63D, 63D(1), 72B, 72B(1), 204(1) and 213; Government of India (Amendment) Act, 1919 - Sections 8, 8(1), 21 and 21(1); Government of India Act, 1935 - Sections 18, 18(4), 19, 19(1), 19(2), 60, 61(3), 62, 62(1) and

Reported in : AIR2003SC87; (2002)8SCC237

Matched in: Advocate Harish N Salve, Solicitor General,; Kirit N. Raval, Aditional Solicitor General,;

Arumugham Vs. T.L. Radhakrishnan and anr.

Court : Chennai

Subject : PropertyLimitation

Reported in : (1996)2MLJ639

which the learned Judge has observed as follows: The learned Additional Advocate General, Haryana, has urged that there would have been merit in the contention … Life Insurance  Corporation of India and Sushila Devi v. Ramanandan Prasad , that the provisions of the Limitation Act, 1963 apply only to proceedings in "Courts' and not to appeals or applications before bodies other than courts such … before the civil court, Section 5 of the Limitation Act will be applicable to the proceedings. As per Section 53 of the Land Acquisition Act, the provisions of Code of Civil Procedure are made applicable to all the

Ashok Gangadhar Shedge and Others Vs. Ramesh Gangadhar Shedge, Since D ...

Court : Mumbai

Subject : Land Acquisition

India Act, 1992 (vi) The Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale Management and Transfer) Act, 1963. 39. In paragraph 36, after considering the observations made in paragraphs 52 and 53 of Pushpalatha'scase, the Division … (A.I.R. 2010 Karnataka 27); 7. Pushpalatha N. V. Vs. V. Padma (A.I.R.2010 Karnataka 124); 8. Mahadfolal Kondia Vs. Administrator General of West Bengal (A.I.R.1960 S.C.936); 9. SadashivSakharam Patil and Ors; 10. Bijender Singh Vs. State of Haryana … no.3 in-person in S.A.No.566 of 2011, at length. 2. The question whether Section 6 of the Hindu Succession Act, 1956 (for short 'Principal Act') as