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Oct 04 2001

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

Court : Mumbai

Decided on : Oct-04-2001

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 … parties about the English translation of the said Will, by order dated 8-9-2001 we directed the Chief Translator and Interpreter of this Court to place

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Nov 29 2024

H Srinivas Rao Vs. Niranjan Rao

Court : Karnataka

Decided on : Nov-29-2024

Subject : Land Acquisition

introduction part wherein it is held that what is a caveatable interest within the meaning of the Indian Succession Act, 1925. The counsel also brought to notice of this Court paragraph 27 wherein it is held that chapter XXXV … fact that the fourth entry in Class-II of the schedule refers to brother’s son; sister’s son; brother’s daughter 8 and sister’s daughter and having taken note of Section 11 of the Hindu Succession Act, 1956 comes to

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Feb 07 2024

Mariyam @ Beatrice, Rep. by Power of Attorney Holder Boby Kurian vs Fr ...

Court : Kerala

Decided on : Feb-07-2024

of Kerala & Ors. the Apex Court held as under : “So far as Indian Christian are concerned, Chapter II of Part V contains rules relating to intestate succession and a fortiori on the extension of the … defendants.3. The plaintiff filed the suit contending that the parties are Christians and are governed by the Indian Succession Act,1925. According to the plaintiff, plaint A and B scheduleproperties belonged to the father of the plaintiff by name … OF 2024 AGAINST THE ORDER/JUDGMENT OS 213/2019 OF MUNSIFF COURT, PALA AS 8/2022 OF ASSISTANT SESSIONS COURT/SUB COURT, PALA APPELLANT/S:MARIYAM @ BEATRICE, REP. BY POWER

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Jun 28 2017

Although in G.Gopal Vs. C. Vaskarreported at 2008 Vol 10

Court : Kolkata

Decided on : Jun-28-2017

Subject : MRTP

Act. In order to sustain a caveat, a caveatable interest must be shown. Section 284 of the Indian Succession Act, 1925 does not lay down the qualification and disqualification of the caveator. Once a caveat is lodged and a … on 10th January, 2017 without obtaining any leave as it was beyond time prescribed under Rule 25 of Chapter 35 of the Original Side Rules. In any event the caveat does not disclose legal grounds of objections … up for consideration in The Goods of Nanda Lal reported at AIR1955Calcutta 88.In paragraphs 7 and 8 this aspect was discussed which reads:“7. There is

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Aug 31 1956

Rajappa and ors. Vs. Andalammal and ors.

Court : Chennai

Decided on : Aug-31-1956

Subject : Motor VehiclesCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 50 to 53 and 115 - Order 1, Rule 10 - Order 22, Rule 4; Motor Vehicles Act, 1939 - Sections 96 and 96(2)

Reported in : AIR1957Mad236

modified by legislation very much earlier than in 1934 in India (vide pages 650 to 652).The original Indian Succession Act, 1925, enacted that all causes of action in favour of or against a person survives except those for defamation, … Act. Section 97 does not arise for consideration in this case but 8. 98 prescribes the duty to give information as to insurance. Though the … or that other person, as the case may be,a policy of insurance complying with the requirements of this chapter.'Section 95 provides for the requirements of policies and limits of liabilities. Section 96 of the same Act lays

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Apr 21 1982

Jai Singh Vs. Garhwal Motor Owners and ors.

Court : Allahabad

Decided on : Apr-21-1982

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1939 - Sections 95, 102 and 110B; ;Succession Act, 1925 - Sections 306

Reported in : AIR1982All480

the above doctrine, it would be sufficient for the purposes of the present case to read Section 306, Succession Act, 1925, and to see whether the case of an injury occasioned by a motor accident is taken out of … after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said … to be guilty of contributory negligence. On issues 5, 6, 7 and 8, the finding of the trial Court was that it has not been

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Sep 29 1995

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-29-1995

Subject : Direct Taxation

Reported in : (1996)56ITD232(Delhi)

deceased. An executor holds the estate as representative of the deceased and not on behalf of any beneficiaries. Chapter VII of the Indian Succession Act, 1925 defines the duties of the executors. These are, inter alia, to … completion of the administration of the will. Our attention was also invited to Section 211 of the Indian Succession Act, 1925 in support of the contention that the property vests in the executor though he is not the owner … her daughter Mrs. Ushmi Sethi in July 1992 in consideration of Rs. 80 lacs. The investment had been made by the two owners as under:Mrs.

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Aug 22 1990

R. Venkatachalam Vs. G.M. Mascarenhas

Court : Karnataka

Decided on : Aug-22-1990

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 283, 283(1) and 284

Reported in : ILR1991KAR197; 1990(3)KarLJ479

J., as he then was held that a caveat cannot be sustained under Section 284 of the Indian Succession Act, 1925 on the ground that the property was joint family estate. No doubt, at the time the decision was … V.S. Desai reads to us from 'Salmond on Jurisprudence' (18th Edition) and relies on the following passage in Chapter 8 (Ownership), paragraph 46 at page 254:'As a general Rule a thing is owned by one person only at

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Feb 08 2002

Ram Kumar Vs. Shanker Lal and ors.

Court : Rajasthan

Decided on : Feb-08-2002

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 213; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : RLW2003(1)Raj99; 2002(3)WLC483; 2002(2)WLN607

of the order of the trial court is contrary to law. As per Section 213 of the Indian Succession Act, 1925 the respondent-defendants are precluded from establishing their any right under any Will for which the probate has not … quoted here:8. The property of a male Hindu dying interstate shall devolve according to the provisions of this Chapter; - (a) firstly, upon the heirs, being the relatives specified in Class I of the Schedule;(b) secondly, if

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Mar 13 2007

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Decided on : Mar-13-2007

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

Act and not otherwise. Similar provisions exist in the Official Trustees Act, 1930, Section 302 of the Indian Succession Act, 1925 and Section 7 of the Charitable and Religious Trusts Act, 1920. The courts of India have all along … of the trust property; matters which come within the purview of extinction of the trust as contained in Chapters VIII of the Act, would not come with the purview thereof. (ii) Section 34 has a limited application … the past services of a member subject to the provision of Rule 88 of the Income Tax Rules, 1962 and to any condition that the

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