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Sunkamma Vs. H. Ramayya Reddy and Others

Court : Karnataka

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100 and 151 - Order 1, Rules 9 and 10(2) - Order 41, Rule 27; Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 3, 63, 114; Karnataka Land Reforms Act, 1961

Reported in : ILR2000KAR2681; 2000(1)KarLJ366

that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925, but it should also be found that the said Will was the product of the free volition of … findings of fact, however, erroneous cannot be disturbed by the High Court in exercise of the powers under Section 100 of the CPC in second appeal'.He also relied upon another decision of the Supreme Court in the case

Gaudiya Mission Vs. Shobha Bose and anr.

Court : Supreme Court of India

Subject : Family

Acts : Societies Registration Act, 1860; Evidence Act, 1872 - Sections 73; Indian Succession Act, 1925 - Sections 384 and 384(1); Code of Civil Procedure (CPC) , 1908 - Sections 100, 101 and 141

Reported in : AIR2008SC1012; 2008(3)ALD10(SC); 2008(1)ALLMR(SC)909; 2008(2)ALT26(SC); (SCSuppl)2008(2)CHN26; JT2008(1)SC384; (2008)3MLJ506(SC); 2008(1)SCALE390; 2008AIRSCW564; AIR2008SC1012; 2008(2)CivilLJ464; 2008(1)LH(SC)463; 2008(2)ICC170; 2008(2)KCCRSN105

law could be raised. Gaudiya Mission vs Shobha Bose & anr. [CA No. 398/2008 DD 15.1.2008]. -- INDIAN SUCCESSION ACT, 1925. Section 384: [C.K. Thakker & Altamas Kabir, JJ] Scope of Appeal - Testamentary suit filed on original side filed … provisions in the Letters Patent of other High Courts is limited only to a question of law under Section 100 of the CPC or has it the same power which the Single Judge has as a first Appellate

K.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136

Reported in : 1998(3)KarLJ634

circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material … Rs. 1,500/-One sofa set and 7 cots Rs. 1,400/-One dining table with chairs Rs. 400/-Four folding chairs Rs. 100/-Rattan chairs 12 Rs. 200/-Wooden chairs 12 Rs. 120/-Tables 5 Rs. 300/-Carpets 4 (Woollen) Rs. 300/-Benches 2 Rs. 50/-

B. Venkatamuni Vs. C.J. Ayodhya Ram Singh and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) - Sections 100; Evidence Act, 1872 - Sections 67 and 68; ;Indian Succession Act, 1925 - Sections 63 and 295

Reported in : AIR2007SC311; 2007(2)ALD35(SC); 2007(1)AWC596(SC); (SCSuppl)2007(1)CHN29; JT2006(9)SC415; 2006(11)SCALE148; 2006AIRSCW6115; 2007(2)CivilLJ204; 2007(1)AIRKarR572(SC); MANU/SC/4692/2006

O.P.No. 102 of 1970 be converted into a regular suit in terms of Section 295 of the Indian Succession Act, 1925. In the said suit, Appellant in his written statement, inter alia, contended that the Will in question was … that the power of the appellate court in intra-court appeal is not exactly the same as contained in Section 100 of the Code of Civil Procedure but it is also well known that entertainment of a letters patent

Jangir Singh and ors. Vs. Gurdev Singh and ors.

Court : Punjab and Haryana

Subject : CivilFamily

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100; Registration Act, 1908 - Sections 60; Indian Succession Act, 1925 - Sections 73; Evidence Act - Sections 63, 67 and 68

Reported in : (2004)137PLR479

prove that will was not only executed and attested in the manner it is required under the Indian Succession Act, 1925 (for short 'the Succession Act') but it should also be shown that the Will was the result of … M.M. Kumar, J.1. (9th March, 2004) - This is defendant's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging the judgment and decree passed by

Daljit Singh and ors. Vs. Sukhwinder Singh and ors.

Court : Punjab and Haryana

Subject : Family

Acts : Evidence Act, 1872 - Sections 68; Succession Act, 1925 - Sections 63; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : AIR2006P& H39; (2006)142PLR146

of Section 68 of the Indian Evidence Act, 1872 (for brevity, '1872 Act') and Section 63(c) of the Succession Act, 1925 (for brevity, '1925 Act'). The Supreme Court in the case or Janki Narayan Bhoir v. Narayan Namdeo Kadam,1 … M.M. Kumar, J.1. This is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of facts recorded by both the Courts below

Umed Chand Golcha Vs. Dayaram and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2001ACJ966

survives to the legal representatives being not covered by the exceptions contained in Section 306 of the Indian Succession Act, 1925. The court in para 8 said:(8) ...The principle of actio personalis moritur cum persona relates only to the … Bhawani Singh, C.J. 1. We propose to decide both the aforesaid appeals [Misc. Appeal No. 192 of 1996, Umed Chand Golcha

Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; Code of Civil Procedure (CPC), 1908 - Sections 48 and 141 - Order XXXVIII; Limitation Act, 1877; Arbitration Act; Bengal Civil Court Act, 1871- Sections 12; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Indian Succession Act, 1925 - Sections 192-195; Bengal Wills and Intestacy Regulation, 1799 - 2, 3, IV and V; Mahomedan Law; Bengal Wills and Intestacy Regulation, 1793 - Sections 2 and XIX; Central Provinces Laws Act, 1876; Railway and Canal Traffic Act, 1854 - Sections 16

Reported in : AIR1965SC540; [1964]4SCR69

have issued it to apply to such a case. Then it was said that ss. 192-195 of the Succession Act, 1925 impliedly repeated s. 4 of the Regulation. These sections of the Succession Act no doubt Act no doubt … Diwani Adalat in the execution of wills and administration to the estate of persons dying intestate." The first section is in the nature or a preamble, and so far as relevant,sets out the object of the Regulation … of the Calcutta High Court in Civil Rule No. 499 of 1955. C. K. Daphtary, Solicitor-General of India, B. Sen, S. N. Mukherji and P.

Mallannagari Mallareddy and anr. Vs. Mallannagari Susheela and anr.

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act, 1925- Sections 2 and 63; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) , 1908 - Sections 100, 100(4) and 100(5) - Order 20, Rule 2 - Order 41, Rule 30 - Order 41A, Rules 14 and 20; Hindu Law

Reported in : 2006(6)ALD485; 2006(6)ALT733

accordance with law. The learned Counsel made elaborate submissions in relation to the relevant provisions of the Indian Succession Act, 1925 and the Indian Evidence Act, 1872 as well. The Counsel also had taken this Court through the contents … admitted facts of the case. The judgment under appeal is not sustainable and liable to be set aside.4. Section 100 of the Code of Civil Procedure (hereinafter in short referred to as the Code) dealing with second appeals

T. Rama Seshagiri Rao and anr. Vs. N. Kamalakumari

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC), 1908 - Sections 50; Transfer Property Act, 1882 - Sections 100

Reported in : AIR1982AP107

the circumstances of the case, without costs. 14. Revision dismissed. Property - succession certificate - Section 214 of Succession Act, 1925, Section 50 of Code of Civil Procedure,1908 and Section 100 of Transfer Property Act, 1882 - whether respondent can