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Oct 20 2003

Sanjay Suri Vs. State and ors.

Court : Delhi

Decided on : Oct-20-2003

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 … 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 … The Chief Revenue Controlling Authority has filed its report bearing No.499/SDM/RS/98 dated 7.10.1999, assessing the valuation of the estate at Rs.10,55,000/-. Petitioner has no-objection to

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Jan 25 1955

Gyanambal Vs. Administrator-general of Madras

Court : Chennai

Decided on : Jan-25-1955

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 … 28, 38, 40 to 43 and 45. (46) The relevant case law can be summarised as follows: . Section 7: Where a universal legatee under as will has taken no steps to take out Letters of Administration, the

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Apr 06 1948

Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar

Court : Mumbai

Decided on : Apr-06-1948

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 … a case like this. But we have a section in the Act to which I shall presently refer, Section 7, which, as some Judges have pointed out, contains unusual provisions and, as other Judges have pointed out, contains … 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

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Feb 28 1958

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

Court : Chennai

Decided on : Feb-28-1958

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

regard to tha formal proof of 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 the other two documents inter vivos … 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 … 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;

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Sep 11 1900

Venkatalutchmi Ammal Vs. Srirungapatnam Srinivasamurthy

Court : Chennai

Decided on : Sep-11-1900

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 … 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 … Act (51 and 52 Viet. C. 43, S., 74) as has been the case since 1867 a

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Oct 03 1916

Shiyali Rungia Chetty Vs. Calve Subraya Chettiar and ors.

Court : Chennai

Decided on : Oct-03-1916

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 … Hawthorne, Grahom v. Massey (1883) 23 Ch. D. 743 The judgment of the Divisional Court in Companbia

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Dec 20 1950

State of Bombay Vs. Narothamdas Jethabai and anr.

Court : Supreme Court of India

Decided on : Dec-20-1950

Subject : Constitution

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

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

are cognisable - (a) by the 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 jurisdiction, or (b) by the High … 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 … 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 … Provincial Legislature is competent to legislate upon under List II of the 7th Schedule to the Government of India Act, 1935, but also in regard

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Oct 09 1987

Barthels and Luders Gmbh Vs. M.V. dominique

Court : Mumbai

Decided on : Oct-09-1987

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

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May 08 1905

United States Vs. Ju Toy

Court : US Supreme Court

Decided on : May-08-1905

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, … Ting v. United States, 149 U. S. 698 , 149 U. S. 713 , before the authorities to which we already have referred. It is

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Oct 27 1953

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

Court : Allahabad

Decided on : Oct-27-1953

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

as Malka Mehar Nigar Begam had migrated to Pakistan was granted without any objection.14. Reference is made to Section 7 of the Administration of Evacuee Property Act that it is for the Custodian to declare what property is … 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

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