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Rama Aziz Parpia and ors. Vs. Balkrishna K. Mehta and ors.

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 104 and 119; Bombay High Court (Original Side) Rules, 1980 - Rules 238 and 249

Reported in : 1993(1)BomCR267; (1993)95BOMLR951

are answered as follows :---Question No. 1 Yes, in view of sections 104 and 119 of the Indian Succession Act, 1925, and, particularly, following the principle indicated by the House of Lords in Cunliffe's case (supra), that the legatees … invested the net amount of Rs. 20,20,797/- in Capital Gains Bonds in order to get the benefit of section 54E of the Income-tax Act. The said amount remained invested in the bonds for a period of three

Subal Paul Vs. Malina Paul and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 268, 276, 278, 283(1), 284, 295, 296 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 35A, 91, 92, 95, 96, 100, 100A, 104, 104(2), 117 and 588 - Order 39, Rules 1 and 2 - Order 43, Rule 1 - Order 41, Rule 1 - Order 49, Rule 3; Hindu Marriages Act - Sections 28; Government of India Act - Sections 108; Trade Marks Act - Sections 76; Bombay Municipal Corporation Act, 1888 - Sections 217(1) and 218D; Land Acquisition Act, 1894 - Sections 54

Reported in : AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; [2003]1SCR1092

the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came up before a Bench of two Judges, … said Bench, the appellant herein raised a preliminary objection that no such appeal is maintainable being barred by Section 104 of the Code of Civil Procedure, 1908. The Bench overruled the objection and directed for hearing of the

Mrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...

Court : Mumbai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 74, 75, 80, 81, 82, 85, 86, 87, 88, 95, 104, 119, 187 and 188; Bombay High Court (Original Side) Rules, 1980 - Rules 223 and 238

Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545

to be construed by us, we deem it proper to refer to the relevant provisions of the Indian Succession Act, 1925, particularly Chapter VI of Part VI, which deals with the construction of Wills.Section 74 says that it is … testator therein, unless it appears from the Will that only a restricted interest was intended to him.As per Section 104, if a legacy is given in general terms, without specifying the time when it is to be paid,

Balan Vs. Sivagiri Sree Narayana Dharma Sanghom Trust

Court : Kerala

Subject : Civil

Acts : Kerala High Court Act, 1958 - Sections 3, 5, 7, 207 and 207(1); Delhi High Court Act - Sections 10(1); Madhya Pradesh Letters Patent Act; Bombay Letters Patent Act; ;Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 2(14), 23(3), 24, 104, 105, 141 and 151; Industrial Disputes Act - Sections 17B; Patna Letters Patent Act; Government of India Act, 1935 - Sections 107 and 223; Constitution of India - Articles 136, 225, 227 and 228; Succession Act, 1925 - Sections 299; Delhi Rent Control Act; Government of India Act, 1915 - Sections 39 and 108; Agriculturists Debt Relief Act, 1958 - Sections 7; Patents Act - Sections 104; Specific Relief Act - Sections 8; Karnataka High Court Act - Sections 4; Land Acquisition Act - Sections 54; Code of Criminal Procedure (CrPC) , 1898 - Sections

Reported in : AIR2006Ker58; 2006(4)CTC273; [2006(2)JCR94]; 2005(4)KLT865

even though an order passed by a single Judge of the High Court under Section 299 of the Succession Act, 1925 is not strictly a decree, it will come within the scope of judgment under Letters Patent Clause 15. … will come within the scope of judgment under Letters Patent Clause 15. The Apex Court also held that Section 104 of CPC recognises appeals provided under the special statutes. It does not bar any further appeal if the

The Oriental Insurance Company Limited Vs. Banti Devi and ors.

Court : Punjab and Haryana

Subject : Civil

Acts : Motor Vehicles Act, 1988 - Sections 173; Code of Civil Procedure (CPC) , 1908 - Sections 4, 100A, 104 and 300A; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Hindu Marriage Act, 1956; Succession Act, 1925 - Sections 299

Reported in : IV(2005)ACC121; 2007ACJ879; (2005)141PLR145

Paul v. Malina Paul, : [2003]1SCR1092 wherein it has been held that appeal under Section 299 of the Succession Act, 1925 is not barred by the provisions of Section 104 of the Code.5. We are unable to agree with

G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

rateably, any rights enforceable against the creditors who have been paid in full or in excess Section 323, Succession Act, 1925, replaced Section 282, Succesaion Act, 1865, and Section 104, Probate and Administration Act, 1881. Section 282, Succession Act,

Balbir Kaur Vs. Bhim Singh

Court : Punjab and Haryana

Subject : FamilyCivil

Acts : Hindu Marriage Act, 1955 - Sections 13; Succession Act, 1925 - Sections 299; Code of Civil Procedure (CPC) , 1976 - Sections 4, 100A, 104, 104(1) and 104(2); Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A

Reported in : (2005)139PLR848

was held that an appeal Under Section 299 was permitted by virtue of Section 299 and not Under Section 104 C.P.C. Section 299 of the Indian Succession Act, 1925 reads as follows:--'299. Appeal from Orders of district judge. … order passed by a single judge of the High Court in an appeal Under Section 299 of the Succession Act, 1925. It was held that an appeal Under Section 299 was permitted by virtue of Section 299 and not

Veena Solanki & Anr vs.karuna Singh & Ors

Court : Delhi

Subject : Land Acquisition

decrees in suit and not in respect of proceedings for grant of Succession Certificate codified in the Indian Succession Act, 1925. Attention of the counsel for the appellants was invited to Section 384 of the Indian Succession Act as

Shri Jai Prakash Goel Vs. Shri O.P. Goel and ors.

Court : Delhi

Subject : Family

Acts : Delhi High Court Act, 1966 - Sections 5(2) and 10(1); ;Indian Succession Act, 1925; ;Code of Civil Procedure (CPC) , 1908 - Sections 104 - Order 32, Rules 3 and 15 - Order 43, Rule 1

Reported in : 129(2006)DLT437; 2006(88)DRJ182

to come forward subsequently to oppose the grant holding that there was no such inhibition under the Indian Succession Act, 1925. The learned Single Judge observed that:-If the court adopts a contrary attitude, genuine opposition to claims may be … would lie from it. It was further contended that it was not an appealable order in terms of Section 104 read with Order 43 Rule 1 of the Code and, thereforee, for such an order to be termed

Narkulla Venkayya and anr. Vs. Noona Satyanarayana and anr.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Succession Act, 1925 - Sections 61 and 63; Evidence Act, 1872 - Sections 101 to 104; Hindu Law; Code of Civil Procedure (CPC) , 1908 - Sections 152

Reported in : AIR1959AP360

in Revision Petition. It may be recorded. Family - genuineness of will - Sections 61 and 63 of Succession Act, 1925, Sections 101 to 104 of Evidence Act, 1872, Hindu Law and Section 151 of Code of Civil Procedure,