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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 … absolute owner of the suit schedule property in 1938 itself under the provisions of Section 10(2)(g) read with Section 11 of the Hindu Law Women's Rights Act, 1933, for short hereinafter referred to as 'the Act'. As on

Philo Peter and anr. Vs. Divyanathan and ors.

Court : Chennai

Subject : Civil

Acts : Succession Act, 1925 - Sections 222, 276 and 295; T.N. Court-fees and Suits Valuation Act, 1955 - Schedule - Article 11; Code of Civil Procedure (CPC)

Reported in : AIR1989Mad111; (1988)IIMLJ1

out of the above said decisions, it is necessary to take notice of the relevant provisions in the Succession Act, 1925. Section 266 of the Act provides that the District Judge shall have, in relation to the granting of Probate … the matter become contentious before the learned District Judge. The question arose whether Court-fees is payable under Article 11( k) of the Court-fees Act, treating the petitions as suits. It was contended by the petitioners that in

G. Ramachandran and ors. Vs. V. Doraiswamy and ors.

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 152; Code of Civil Procedure (CPC) , 1908 - Sections 11

Reported in : ILR2004KAR3670

her as the same is hit by ademption. Ademption has been explained in Section 152 of the Indian Succession Act, 1925. The provision reads:'Section 152 Ademption explained -If anything which has been specifically bequeathed does not belong to the … cannot sue in her capacity as the owner or landlord of the premises.;(B) CIVIL PROCEDURE CODE, 1908 - SECTION 11 -RES JUDICATA - What is the effect of an interlocutory order passed by a Court while determining the

ittoop Vs. Mathunni and anr.

Court : Kerala

Subject : Civil

Acts : Kerala Court-fees and Suits Valuation Act, 1960 - Schedule - Articles 4 and 11(2); Succession Act, 1925 - Sections 278

Reported in : AIR1984Ker73

arguments-before us are the following :--'Schedule I, Article 4.Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925.An amount of one- halfthe scale of fee p r e-scribed in Article 1 on the amount or value … miscellaneous Appeal was the petitioner in O. P. No. 77 of 1981. It was a petition filed under Section 278 of the Succession Act for obtaining letters of administration with the will annexed. The father of the … insufficient The petitioner maintained that the court-fee paid under Schedule II Article 11(k)(ii)(2) is proper,, At any rate, according to the appellant, the maximum court-lee

Anthony Swamy Vs. Chowramma

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 295 and 299; ;Code of Civil Procedure (CPC) 1908; ;Karnataka Court Fees and Suits Valuation Act, 1958 - Sections 11(4) - Schedule - Articles 4 and 11(1)

Reported in : ILR1989KAR1294

letters of administration with the Will annexed purporting to have been filed under Section 213 of the Indian Succession Act, 1925 ('the Act'), while it has to be regarded as a petition filed under Section 276 of the Act. … appeal paid on the memorandum of appeal a Court fee of Rs. 25/- purporting to be under Article 11(I) of Schedule it to the Karnataka Court Fees and Suits Valuation Act, 1958 ('the Court Fees Act').3. On

S. Sudaramurthy and Others Vs. Saraswathi Lakshmanan and Others

Court : Karnataka

Subject : Land Acquisition

in favour of defendants 1 and 2 is void. Attention is drawn to Section 122 of the Indian Succession Act, 1925, which reads as follows: 122. Onerous bequests. “ Where a bequest imposes an obligation on the legatee, he … (2010 AIR SCW 5071)) However, it is to be noticed that the above decisions were without reference to Section 11 of the KCFSV Act or any provision in pari materia thereto. In that regard, a division bench of

Fgp Ltd. Vs. Saleh Hooseini Doctor and anr.

Court : Supreme Court of India

Subject : TenancyContract

Acts : Maharashtra Rent Control Act, 1999; Bombay Rent Act, 1947; Special Marriage Act; Indian Succession Act, 1925 - Sections 21, 105, 211, 213, 213(2), 216, 222, 232 and 234; Transfer of Property Act - Sections 53A; Income-tax Act - Sections 230A; Transfer of Property (Amendment) Act, 1929; Evidence Act - Sections 116; Code of Civil Procedure (CPC) - Sections 2(11); Constitution of India - Article 136

Reported in : 2010(1)ALT3(SC); JT2009(12)SC210; RLW2010(1)SC434; 2009(12)SCALE516; (2009)10SCC223; 2009(9)LC4445(SC); 2009AIRSCW6026; 2009(5)LHSC3282

21 of the said Act, the property of the parties shall be regulated under the provisions of Indian Succession Act, 1925. It was further urged that as a result of the necessary corollary of the same, the provisions of … registration, be deemed to be a marriage solemnized under the said Act and as a consequence thereof under Section 21 of the said Act, the property of the parties shall be regulated under the provisions of Indian … rites, they got their marriage registered under the Special Marriage Act on 11.01.1991. As a result of such registration, the marriage shall, as from the

Madhvi Amma Bhawani Amma and ors. Vs. Kunjikutty Pillai Meenakshi Pill ...

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 370 to 390; Code of Civil Procedure (CPC) - Sections 11; Code of Civil Procedure (CPC) (Amending) Act, 1976

Reported in : AIR2000SC2301; 2000(3)ALT35(SC); 2001(49)BLJR813; JT2000(5)SC336; 2000(2)KLT518(SC); (2000)3MLJ78(SC); 2000(4)SCALE629; (2000)6SCC301

question raised in this appeal, is, whether an order granting Succession Certificate under Section 373 of the Indian Succession Act, 1925 would operate as res judicata to the suit for partition filed in a Civil Court between the same … out of the suit. The learned Counsel for the respondents also placed strong reliance on Explanation VIII to Section 11 of C.P.C. which is quoted hereunder:Explanation VIII - An issue heard and finally decided by a Court of

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under … The petitioner herein who is the second wife is residing at No. 112, Poonamallee High Road, Madras-600 084. (2) Mrs. Valliammalai Achi Annamalai, first wife

The State of Gujarat Vs. Shantaben

Court : Gujarat

Subject : Civil

Acts : Bombay Court-fees Act, 1959 - Schedule - Articles 10 and 11; Succession Act, 1925 - Sections 217

Reported in : AIR1972Guj108; (1972)0GLR170

three quarters per centum.Provided that when, after the grant of a certificate under Part X of the Indian Succession Act, 1925, or under Bombay Regulation VIII of 1827 or any corresponding law for the time being in force, in … Section 19-D of the Central Act of 1870 and Arts. 10 and 11 of the Bombay Act of 1959 are in identical terms with Arts.11 … of 1932 and the Bombay Court-fees Act, 1959 as well as S. 19-D of the former Act and Section 24 of the latter. The learned Judge was of the view that 1/5th share in the shares in