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Gyanambal Vs. Administrator-general of Madras

Court : Chennai

Subject : FamilyProperty

Acts : Administrator-General's Act, 1913 - Sections 28

Reported in : AIR1955Mad419

cognate Acts and Provisions are:1. Charitable Endowments Act, 6 of 1890, Sections 5, 6, 8 and 10. 2. Colonial Probates Act of 1892 (Sections 5 and 56 Vict. Clause 6),3. Domicile Act of 1861 (24 and 25 Vict. Clause … was provided that an Attorney empowered should have a prior right (see Sections 2, 3 and 4).15. By Section 5 of the same Act provision was also made for the Registrar to keep proper accounts. There was no

Sanjay Suri Vs. State and ors.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 218, 222, 232, 276, 278 and 291; Administration of Estates Act, 1971 - Sections 8; Colonial Probate Act, 1892; Supreme Court of Judicature (Consolidation) Act, 1925; Social Security Act, 1975

Reported in : AIR2004Delhi9; 107(2003)DLT626; 2003(71)DRJ446; (2004)136PLR13

done away with the requirement of furnishing the bonds, a requirement that existed under : (a) Colonial Probate Act, 1892, or (b) Supreme Court of Judicature (Consolidation) Act, 1925. 18. Let us examine the legal position, as it … No.2 and daughters of Siri Ram Suri, namely, respondent Nos.3, 4 and 5 relinquished their respective shares in the property bearing municipal No.WZ-177, G-Block, Hari … Manmohan Sarin, J. 1.Petitioner, Sanjay Suri filed a petition for grant of probate/ Letters of Administration under Section 278 read with Section 218 of the Indian Succession Act (in short the

Blackwood and Sons Ltd. and ors. Vs. A.N. Parasuraman and ors.

Court : Chennai

Subject : Media and CommunicationIntellectual Property Rights

Acts : Constitution of India - Articles 366(10) and 372; International Law; Imperial Copyright Act, 1911 - Sections 25 and 35; Indian Independence Act, 1947 - Sections 18(3); Continuance of Copyright Act, 1911; ;Evidence Act, 1872 - Sections 41 and 82; Succession Act, 1925 - Sections 213, 228 and 270; Copyright Act, 1914 - Sections 1, 2, 2(1), 4 and 4(1)

Reported in : AIR1959Mad410

including laws having extra-territorial operation. Sub-section 2 reversed, as it were, the provision of Section 2 of the Colonial Laws Validity Act, 1865, which ran 'Any Colonial law which is repugnant to any Act of Parliament extending … the documents; this may be considered under two heads: (1) the two probates which have been marked as Exs. P. 7 and P. 9 and … in Bengali in 1891, two other stories 'Kabulivalah' and 'Home Coming' in 1892. A further two 'Once there was a King' and 'Subah' in 1893; … Hardy wrote his work 'Return of the Native' in 1877 and the book was published in 1878. Under Section 5 of the Copyright Act, 1911, as also under the earlier law in force at the date of the

Venkatalutchmi Ammal Vs. Srirungapatnam Srinivasamurthy

Court : Chennai

Subject : CivilFamily

Reported in : (1901)11MLJ91

else have any right whatever thereto.2. The testator died on August 24, 1892. On December 24, 1892 executors took out probate of the will in … being stated to be Rs. 6,500.' On May 5, 1893, the executors took out probate limited to … dismissing as against all the defendants the plaintiff's suit. The defendants were sued as the executors with the probate of the will of one Srirungapatnam Venkatavarada Aiyangar. The plaintiff is the daughter, and the 1st defendant is … immoveable property, such land or property shall be situated or in 'all other cases if the cause of action shall have arisen either 'wholly, or in case the leave of the Court shall have been first 'obtained, … or in part.' But under the County Courts Act of 1846 (see Section 60) a county court had no jurisdiction if 'a part of the

Shiyali Rungia Chetty Vs. Calve Subraya Chettiar and ors.

Court : Chennai

Subject : Land Acquisition

Reported in : 37Ind.Cas.404

October 1892 in the Court of first instance at Pondicherry alleging various acts of malversation and breaches of trust against 1st, 2nd and 3rd defendants … the lands lay in Pennsylvania. The Lord Chancellor observed: 'A Will of lands lying in any of the Colonies is not triable in Westminster Hall.' In Carteret v. Petty 2 Swan. 324, partition of land situate in … 2 and 3, who were also appointed executors of the Will and the codicil. All the executors obtained Probate from the Court of first instance at Pondicherry and in August 1893, four of them obtained from this … be open to any doubt. Story in his 'Conflict of Laws' in Section 586 lays down as a general proposition that 'In order, however, to … is the widow of the deceased testator, the 5th defendant who is an infant is alleged to

State of Bombay Vs. Narothamdas Jethabai and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9

Reported in : AIR1951SC69; (1951)53BOMLR402; [1951]2SCR51

High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial … support of this appeal and for maintaining the validity of the Madras City Civil Court Act (VII of 1892) Section 3A of which inserted in 1935 by way of amendment is in identical terms with Section 4 of … any offence under this Act'. Section 19 of the Bombay Sales of Motor Spirit Taxation Act, 1946, and Section 5 of the Bombay Harijan Temple Entry Act, 1947, are provisions which exclude the jurisdiction of courts under certain … here with one of such Acts, we find that in The Bombay Probation of Offenders Act, 1938 (Bombay Act No. XIX of 1938), Section 3

Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar

Court : Mumbai

Subject : Family

Reported in : AIR1949Bom1; (1948)50BOMLR426

the principles and rules followed by the English Divorce Courts.17. Mr. Taraporewala has relied on the Indian and Colonial Divorce Jurisdiction Act, 1926, as affording some assistance for the construction of Section 7. That Act gives power … wife that the Court could make any order for alimony. Notwithstanding the clear language of the section, the Probate Court came to the conclusion that inasmuch as the Ecclesiastical Court had the power to grant alimony to … as old as 1870 in Abbott v. Abbott (1868) 4 Beng. L.R. 51 where Mr. Justice Macpherson had to consider the effect of Section 7.

Barthels and Luders Gmbh Vs. M.V. dominique

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 8, Rule 6, 6A, 6A(2) and 6C; Colonial Courts of Admiralty (India) Act, 1891 - Sections 2 and 35

Reported in : AIR1988Bom380; 1988MhLJ728

should not be tried together.4. This High Court was set up as a court of Admiralty under the Colonial Courts of Admiralty (India) Act, 1891. It is now laid down by a number of decisions of this … under any other provisions of law in this Court?5. In the case of The Cheapside reported in 1904 Probate Division, 339 the owners, master and crew who were all foreigners outside the jurisdiction of the English Court, … by the Court of Admiralty under the Admiralty Courts Act, 1861. Under Section 4 of the Admiralty Courts Act, 1861, the High Court of Admiralty

United States Vs. Ju Toy

Court : US Supreme Court

Subject : Land Acquisition

States judge, as provided for in section 6 of the act of 1892, is in no proper sense a trial and sentence for a crime … is Scott v. McNeal, 154 U. S. 34 , in which it was held that a court of probate, having jurisdiction in the administration of deceased persons, had no jurisdiction to appoint an administrator of one who … Commerce and Labor, and it does not appear that there was any abuse of discretion, such finding and action of the executive officers should be treated by the courts as having been made by a competent tribunal, … the point, in Lem Moon Sing v. United States, 158 U. S. 538 , where the petitioner for habeas corpus alleged facts which, if true,

Khalil Ahamad Khan Vs. Malka Mehar Nigar Begum and ors.

Court : Allahabad

Subject : Trusts and SocietiesProperty

Acts : Administration of Evacuee Property Act, 1950 - Sections 7 and 46; Code of Civil Procedure (CPC) , 1908 - Sections 9; Muhammadan Law

Reported in : AIR1954All362

Ordinances also. The U.P. Ordinance No. I of 1943 was passed on the 24th of June, 1949, and section 5 of the Ordinance provided that all evacuee property situate in the United Provinces shall vest in the Custodian … during the lifetime of the executrix and also provisions which were to take effect on the executrix's death. Probate was applied for of the document as a will. It was contended that since the document contained provisions … appeals is barred under Section 46 of the Administration of Evacuee Property Act (31 of 1950). Before the Act there were certain Ordinances and learned