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Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … factum ofadoption and can never mean that hehas been adopted by his sponsor. InSections 4 and 18 of Chapter 1 of thePastor's Handbook, theresponsibilities of sponsors and timeand place of baptism have been givenwhich are as under :'4.

Shri Vitthal Ramchandra Mali Vs. Smt. Laxmi Ganpati Mali and anr.

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 276, 365, 372, 384, 388, 388(1) and 388(2); Bombay Civil Courts Act, 1869 - Sections 28A and 28A(1); Indian Succession Act, 1865; Administration Act, 1881; Succession Certificate Act, 1889 - Sections 19(1), 26, 26(1) and 26(2); General Clauses Act, 1897 - Sections 24; Code of Civil Procedure (CPC) , 1908 - Sections 141 and 647

Reported in : AIR2006Bom298; 2006(4)ALLMR389; 2006(4)BomCR31

orders passed by the courts of Civil Judge, Senior Division on Application under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the said Act of 1925) for grant of succession certificate. The question to be … Senior Division on Application under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the said Act of 1925) for grant of … to refer to the relevant paragraphs of the Civil Manual and in particular paragraph Nos.304 and 305 of Chapter XIV. The said paragraphs read thus: '304. Attention is invited to Government Notification No. 5861, dated the 25th

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest … provides that every person of sound mind not being a minor may dispose of his property by Will. Chapter VII of the Act deals with void bequests.7. Section 118 is contained in the said chapter which reads

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … him in his representative capacity only, and the tax shall, subject to the other provisions contained in this Chapter, be levied upon and recovered from him in like manner and to the same extent as it would

Commissioner of Income Tax Vs. P. Visalakshi

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(29), 9, 26, 28, 159 and 160; Gift Tax Act, 1958 - Sections 4

Reported in : (1996)130CTR(Mad)488; [1996]217ITR282(Mad)

the Expln. to s. 168 of the IT Act, 1961, means an executor as known under the Indian Succession Act, 1925, as well as an administrator known under the Indian Succession Act and, what is more, any other person … preferred an appeal before the Tribunal. The Tribunal recorded its agreement with the view of the AAC. 3. Chapter XV of the Act deals with special cases of tax liability and incorporates a general provision under s. … deceased person subsequent to the date of death is assessable under s. 168 in the hands of the executor and whether, on the facts and

Darjus Jehangir Vs. Lyla Minoo Ghasvalla and Others

Court : Mumbai

Subject : Family

Acts : Successions Act, 1925 - Sections 74, 75, 82, 83, 88, 119, 120, 131 and 132; Guardians and Wards Act, 1890 - Sections 29

Reported in : AIR2000Bom372; 2000(2)ALLMR32; 2000(3)BomCR447; (2000)2BOMLR108

Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has relied on the decisions in the cases of (i) Re. Rowland & another 1963 CD … discharged as administrator even if the allegations are withdrawn.9. Sections 74, 75, 82 and 88 form part of Chapter VI of the Indian Succession Act entitled Construction of Wills. These sections lay down certain guidelines for construing … ORDERS.S. Nijjar, J. 1. This order will dispose of the report of the Administrator (Justice M.L.

ishwarsingh S/O Chunnusingh and ors. Vs. Krishnabai W/O Chunnusingh an ...

Court : Mumbai

Subject : LimitationCivil

Acts : Indian Succession Act, 1925 - Sections 196, 197 and 205; Limitation Act, 1963 - Sections 5 and 29(2); Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 1995(3)BomCR156; (1995)97BOMLR200

section 5 of the Limitation Act is applicable to a proceeding instituted under Chapter VII of the Indian Succession Act, 1925.2. Ishwarsingh Chunnusingh and five others submitted an application purporting to be under sections 192 and 195 of the … of the Limitation Act is applicable to a proceeding instituted under Chapter VII of the Indian Succession Act, 1925.2. Ishwarsingh Chunnusingh and five others submitted an application purporting to be under sections 192 and 195 of the

M.P. Christober and ors. Vs. M. Fabian and ors.

Court : Chennai

Subject : Property

Reported in : (1999)3MLJ256

prior to April 1, 1951, was a law corresponding to Chapter II of Part V of the Indian Succession Act, 1925 and this law, namely, the Travancore Christian Succession Act, 1092 must consequently be held to have been replaced

Rajrajeshwarashram Vs. Svarupanandtirtha

Court : Mumbai

Subject : Property

Reported in : AIR1927Bom499; (1927)29BOMLR1031; 103Ind.Cas.637

construction of the Bombay Pleaders Act 1920, which is a Bombay Act, taken in connection with the Indian Succession Act 1925, which is an Imperial Act, and the General Clauses Act 1897, Section 8, which is another Imperial Act. … an appeal from the refusal of the lower Court to revoke an order for delivery of property under Chapter II of Regulation VIII of 1827. The sums involved are substantial. Under the ruling in the office the … order for delivery of property under Chapter II of Regulation VIII of 1827. The sums involved are substantial. Under the ruling in the office the

N. Radhakrishna Naidu and ors. Vs. S. Govindaswami Naidu and anr.

Court : Chennai

Subject : FamilyProperty

Reported in : (1975)1MLJ212

took a vested interest in the suit properties, the bequest is hit by Section 113 of the Indian Succession Act, 1925, because his interest was liable to be diminished or reduced if other sons were born to Sethulakshmi Ammal. … a bequest in favour of an unborn child. The result of this is, subject to the limitations in Chapter II of the Transfer of Property Act and Sections 113, 114, 115 and 116 of the Indian Succession … is the construction of a will executed by one Venugopala Naidu on 14th December, 1932, a registration copy of which has been marked as Exhibit