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Joginder Pal Vs. Indian Red Cross Society and ors.

Court : Punjab and Haryana

Subject : FamilyCivil

Acts : Succession Act, 1952 - Sections 372 and 387; Code of Civil Procedure (CPC) , 1908 - Sections 11

Reported in : (2000)125PLR280

entitled thereto.'The learned counsel has argued that the bare reading of this section would show that proceedings under Chapter X of the Indian Succession Act, 1925 are of summary nature and the decision of a court under … him. His contention is that the application for succession certificate was filed under Section 372 of the Indian Succession Act, 1925 and has contended that proceedings for the grant of succession certificate are sum mary proceedings and are not … Reference has also been made to 1994(1) Rev.L.R. 117 : 1994(2) L.J.R. 68 Deepinder Singh Dhillon v. General Public, in which case it was held

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 Rowland & another 1963 CD … discharged as administrator even if the allegations are withdrawn.9.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 of this Hon'ble Court.' For the decision of this controversy, Clauses 6, 7, 8, 9, 10, 11, 13, 14 and 40 of the Will

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 … 1964. Non-registration of the trust under the Act entails penalty under Section 66 of that Act. A Division Bench of the Bombay High Court in

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 47; Special Marriage Act, 1954 - Section 21; Indian Succession Act - Sections 29, 31 to 40, 57, 213(2), 63

the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose … of the said Act and for the purpose of this Section that Act shall have effect as if Chapter II of Part V (Special Rules for Parsi Intestates) had been omitted therefrom".9. Hence, when a person marries … a document requiring attestation as required under the provisions contained in Sections 68 and 71 of the Indian Evidence Act and the special provisions of

Bandopant Sitaram Bapat by His Heirs Arun Bandopant Bapat and ors. Vs. ...

Court : Mumbai

Subject : Family

Acts : Indian Succession Act - Sections 82, 83, 84, 85, 88 and 95

Reported in : 2002(1)BomCR96; (2002)1BOMLR256; (2002)ILLJ436Bom

of the Will in the sense of user and enjoyment of the property by way of absolute ownership.7. Chapter VI of Indian Succession Act, 1925 deals with construction of Wills. Section 82 provides that the meaning of … limited interest in the immovable properties to Bhagirathibai. Referring to Sections 82, 83, 85 and 88 of Indian Succession Act, 1925, the learned counsel for appellants submitted that the meaning of the Will needs to be collected from the … the land from Adtura, bearing R. S. No. 2013, admeasuring 5 Acre 6 gunthas, assessed at Rs. 23-14, situated at Sub-division Ashte, Division Satara, shall

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 … On account of the contest the petition for grant of Letters of Administration filed under Rule 6 of Chapter XXX of the Rules of the Court was converted into a suit in accordance with the Rule 39

Shanti Devi Vs. State and ors

Court : Delhi

Subject : Land Acquisition

the purposes of this section, be deemed to be a Court inferior in grade to a District Judge.5. Chapter 6 Part B of Delhi High Court Rules (Original Side) Volume II deals with the issue of ‘succession certificates’. … competent court to deal with such appeals is that of a District Judge.3. Part X of the Indian Succession Act, 1925 deals with the ‘succession certificates’. Section 384 provides that an appeal shall lie to the High Court from

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 … to be protected. Such a provision is not there in the Statute. An emergency can arise even after 6 months and till the relief is obtained by the party in a suit or other proceedings, resort can

Doughlas Garden Wilson Vs. None

Court : Orissa

Subject : Civil

Reported in : 105(2008)CLT844; 2008(I)OLR823

submitted that Section 18 of the Orissa Civil Courts Act, 1984 provides for a proceeding under the Indian Succession Act, 1925 and as per the said Section, the Civil Judge has the jurisdiction to consider the dispute. Since the … pecuniary jurisdiction. The State Government as per the Law Department's Notification dated 14.11.1961 have invested the power under Chapter-X of the Succession Act to dispose of the cases under the Indian Succession Act.6. The learned Counsel appearing

Vinodchandra Sakarlal Kapadia Vs. State of Gujarat .

Court : Supreme Court of India

Subject : Land Acquisition

of List III of Seventh Schedule to the Constitution and a concurrent subject, the Central legislation namely Indian Succession Act, 1925 must hold the field and any prohibition in the State enactment inconsistent with the general principles of the … sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of … as under:-. “We are called upon to decide as to whether Section 63 of the Bombay Tenancy and Agricultural Lands, Act, 1948 (for short ‘the