Advanced Search Results

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 … in Kaushnuma Begum v New India Assurance Co. Ltd. [2001 (2) SCC 9] 9% is the appropriate rate of interest in motor accident compensation cases.

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 … to 'Subramaniaswami' at Tiruchendur.'Construing the said Will and taking into consideration Section 95 of Indian Succession Act, Privy Council held thus :--'12. Section 95, Succession

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

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … City Civil Court Act, 1953 as they stand after the 1980 Amendment, some of the Rules of the Chapter XXXV of the Original Side Rules and Clause 34 of the Letters Patent which are quoted below:- “Indian … 18, 1999 at Mumbai leaving his alleged last Will and Testament dated 9th November, 1998 which was registered with the Sub-Registrar, Vikash Sadan, New Delhi.

Lokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.

Court : Orissa

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; India Succession Act, 1925 - Sections 384 and 388; Orissa Civil Court's Act, 1984 - Sections 16, 18 and 20

Reported in : AIR2004Ori176; 98(2004)CLT328

Nos. 1 and 2 filed Misc. Succession Case No. 60 of 1994 under Section 383 of the Indian Succession Act, 1925 (in short, 'the Succession Act') for revocation of the succession certificate granted by the Civil Judge (Senior Division), … The State Government, as per the Law Department's Notification No. IIJ-93/60/7658-Judl., dated 14.11.1961, have invested the power under Chapter-X of the Succession Act, in favour of Civil Judges (Principal Subordinate Judges and Munsifs) within the local limits

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court : Kerala

Subject : Family

Acts : Marumakkathayam Law; Hindu Succession Act, 1956 - Sections 2, 3(1), 4(1), 8, 10, 15, 17 and 30; Travancore Nair Act, 1100K - Sections 44; Constitution of India - Article 254 and 254(1); Kerala Joint Hindu Family System (Abolition) Act, 1975 - Sections 3, 7, 7(1) and 7(2); Hindu Law

Reported in : AIR1993Ker146

to be capable of being disposed of by male or female in accordance with the provisions of Indian Succession Act, 1925 or any other law for the time being in force and applicable to Hindus. 14. Taking the example … the tarwad and its management (Chapter VI), partition of tarwad property (Chapter VII) and impartible tarwads (Chapter VIII). Chapter I dealt with definitions. Section 1(2) stated that the Travancore Nair Act would apply to all Nairs domiciled … this Court in Madhavi Amma v. Kalliani Amma, (1988) 2 Ker LT 964 and a Division Bench of this Court in Bhaskaran v. Kalliani, (1990)

Mrs. Nalini NavIn Bhagwati and Others Vs. Chandravadan M. Mehta

Court : Supreme Court of India

Subject : Family Civil

Acts : Indian Succession Act, 1925 - Sections 263 and 295; Code of Civil Procedure (CPC) , 1908 - Order 9, Rules 9 and 13

Reported in : 1996VIIIAD(SC)414; AIR1997SC1055; (1998)1GLR202; JT1996(10)SC258; 1996(8)SCALE60; (1997)9SCC689; [1996]Supp7SCR631

the probate but directed to treat the application as a suit filed under Section 295 of the Indian Succession Act, 1925 (for short, the 'Act'). Feeling aggrieved by the latter direction, these appeals have come to be filed.4. Shri … itself gives indication as to the manner in which the proceedings could be dealt with at different stages. Chapter IV of Part IX clearly indicates that when an application is filed for probate it should be dealt … Similarly, when the suit was dismissed for default, under Order IX Rule 9 an application would be filed and on proof of the circumstances for

Venidas Nemchand Vs. Bai Champabai

Court : Mumbai

Subject : Property

Reported in : (1929)31BOMLR1014

cases not provided for by this chapter or by the rules of procedure laid down in the Indian Succession Act, 1925, or by the Civil Procedure Code. But we have here a definite Rule, viz., Rule 602, which lays … estate. Apparently there was no regular practice before that for the issue of such citations and on October 9, 1925, the Testamentary Registrar put up a notice as follows:-In future when a Caveat is filed in a

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

Narbheram Jivram Purohit Vs. Jevallabh Harjivan

Court : Mumbai

Subject : Civil

Reported in : AIR1933Bom469; (1933)35BOMLR998; 147Ind.Cas.362

and letters of administration to the estate of a deceased person are to be found in the Indian Succession Act, 1925. Chapter I of Part IX deals with the grant of probate and letters of administration. Chapter III deals with … business assigned to one division to the exclusion of another. In Pinney v. Hunt (1877) 6 Ch. D. 98 Jessell M.R. held that a Judge of the Chancery Division had under the Judicature Act jurisdiction to grant