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Betty Suresh Mahindra Vs. Marthanda Singh Mahindra

Court : Karnataka

Subject : Family

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 10; ;Hindu Succession Act; Indian Succession Act, 1925 - Sections 247

Reported in : ILR1991KAR735

ORDERKedambady Jagannatha Shetty, J. 1. The petitioners have filed this Application under Section 247 of the Indian Succession Act, 1925, for appointment of an Administrator pending disposal of the main proceedings touching the validity of the Will and … his minor son Master Marthand Singh Mahindra was only an after thought in view of the amendment to Section 10(27) made by the Finance Act, 1975.12. The petitioners Counsel drew my attention to the Will and the Codicils

Chandra Shekhar Dave Vs. Administrator General of the State of Rajasth ...

Court : Rajasthan

Subject : Family

Acts : Administrative General Act, 1963 - Sections 10; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39 and 40, Rule 1; Indian Succession Act, 1925; Rajasthan High Court Ordinance - Sections 18

Reported in : AIR2001Raj166; 2001(4)WLC673; 2001(3)WLN331

the learned Single Judge that the appellant-petitioner did not file any petition under the provisions of the Indian Succession Act, 1925 before the District Judge are not proper in the matters like thjs, as the said provisions, according to … special appeal, the learned counsel for the appellant-petitioner has made the following two submissions:-1. That the provisions of Sec. 10 of the Act of 1963 are meant for preserving theassets of the deceased persons by getting the

Kaliappan (Died) and Others Vs. A.K. Somasundaram (Died) and Others

Court : Chennai

Subject : Land Acquisition

with 'Transfer for Benefit of Unborn Person' is almost similar to that of Section 113 of the Indian Succession Act, 1925. It cannot be lost sight of that Section 13 of the Transfer of Property Act controls Section 113 … per Will and Partition, will bind the Respondents/ Plaintiffs. 40. The Learned Counsel for the Appellants/Defendants referred to Section 10 of the Transfer of Property Act, 1882 which speaks of 'Right of transfer' which is incidental to, and

Thilliammal, Vs. Thandavamurthy and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Mysore Hindu Law Women's Rights Act,1933 -Sections 2, 3, 4, 10(1), 10(2), 11, 12, 13, 16, 17, 18, 18(1), 18(2) and 21; Indian Succession Act, 1925 - Sections 5; Karnataka Rent Control Act, 1961 - Sections 19; Hindu Succession Act, 1956 - Sections 14 and 14(1); Hindu Women's Right to Property Act, 1937; Transfer of Property Act, 1882 - Sections 43

Reported in : ILR2008KAR819; ILR2008(1)Kar819; 2008(2)KCCRSN88; 2007(6)AIRKarR397; AIR2008NOC190; 2008AIHC446(Kar)

law on the question of migration which was also argued before me.The word 'domicile' finds place in Indian Succession Act, 1925. Section 5 of the Act, 1925, declares that succession to the immovable property in India of a person deceased … Are they entitled for possession?(13) What decree or order?(14) Whether Unnamalaiammal became the absolute owner by virtue of Section 10(2)(g) of Mysore Act?(15) Whether the said Mysore Act applied properly to the parties and Civil Station as contended

Commissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...

Court : Supreme Court of India

Subject : CivilProperty

Acts : Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962

Reported in : AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505

was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the … were pending before the competent authority under the 1973 Act and, therefore, the suit was barred under sections 10 and 15. It was also pleaded that respondent No. 1 herein had no locus standi to challenge its

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136

Reported in : 2006(14)SCALE285

of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302 of the Indian Succession Act, 1925 (for short, 'the Succession Act') falls for consideration in this appeal, which arises out of a judgment and … powers, duties and liabilities of the Official Trustee are governed by Part III of the 1913 Act. Under Section 10 of the said Act, the High Court has power to appoint an Official Trustee to be trustee of

Gujarat State Road Transport Corporation Vs. Amishkumar Vinodbhai and ...

Court : Gujarat

Subject : Motor Vehicles

Reported in : (1996)3GLR212

Act, 1881. Both these Acts contained a section which is now reproduced as Section 306 of the Indian Succession Act. 1925. The material portion of that section is as follows:All demands whatsoever and all rights to prosecute or defend … of income. Therefore, even after the death of the injured, the claim petition does not abate and right 10 sue survives to his heirs and legal representatives.14. Coming to the facts of the case, this Court finds

Avtar NaraIn Behal Vs. Subhash Chander Behal

Court : Delhi

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 299; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4; Delhi High Court Act, 1966 - Sections 4, 5(2), 10, 10(1) and 15; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 10; Arbitration Act, 1940 - Sections 39 and 39(1); Trade Marks Act, 1940 - Sections 76; Government of India Act, 1915; Guardians and Wards Act - Sections 25, 47 and 48; Motor Vehicles Act - Sections 140; Land Acquisition Act, 1894 - Sections 54; Companies Act, 1956 - Sections 10-E, 10-F, 397, 398 and 483; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 4, 4(1), 35A, 47, 91, 92, 95, 96, 100A, 104, 104(1), 104(2), 115 and 622 - Order 39, Rule 1 - Order 43, Rule 1; Constitution of Ind

Reported in : 154(2008)DLT140

appellant aggrieved by the same preferred an appeal being FAO No. 420/2003 under Section 299 of the Indian Succession Act, 1925 which was also dismissed by the learned single Judge on 31.03.2008 and the present Letters Patent Appeal has … counsel cited several other judgments in support of this contention. The submission of the learned counsel was that Section 10 of the Delhi High Court Act, 1966 is an independent source of appeal for the matters arising under

Framroze Dadabhoy Madon Vs. Tehmina

Court : Mumbai

Subject : PropertyFamily

Reported in : (1947)49BOMLR882

Privy Council upon the trusts of a will, declared to be void under Section 113 of the Indian Succession Act, 1925, applied, and he followed a decision of Mr. Justice Blagden in the case of Ardeshir Baria v. Dadabhoy … its vesting. Vesting must, however, take place within the limits prescribed by Section 14, which is assisted by Section 10 which accelerates the vesting, when the time at which it is to take place is not specified, unless

S.Sandhya Vs. the Chief General Manager and ors.

Court : Chennai

Subject : Insurance

Acts : Insurance Act 1938 - Section 39(6)(1); Hindu Succession Act - Section 8; Tamil Nadu Co-operative Societies Act - Section 24; Employees' Provident Funds Act, 1952 - Section 10(2), 5 ; Employees' Provident Funds Scheme, 1952 ; Land Acquisition Act - Sections 16, 17; Insurance Act - Section 39; Hindu Marriage Act. - Section 11; Succession Act, 1925 - Section 372; Central Pension Rules - Rule 10; Group Insurance Scheme, 1980 ; Central Civil Services (Pension) Rules - Rule 50(1)(b), 51, 52 and 53; Constitution of India - Articles 226

was unmarried and nominated his mother, as nominee. The appellant/widow filed an application under Section 372 of the Succession Act, 1925, claiming her share in insurance, gratuity, public provident fund etc, on the principle that any nomination made by … property).(Paras 24 and 25)There is nothing to suggest that a different mode of succession is prescribed even under Section 10(2) of the Employees Provident Funds Act. On the other hand, Section 10(2) of the Act is intended to