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Shri Banarsi Dass Vs. Mrs. Teeku Dutta and anr.

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 372; Hindu Succession Act, 1956; Evidence Act, 1872 - Sections 4 and 112; Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151

Reported in : 2005(3)ALD78(SC); 2005(5)ALLMR(SC)601; 2005(4)ALT7(SC); 2005(2)BLJR1122; 2005(5)BomCR778; (SCSuppl)2005(3)CHN174; 100(2005)CLT73(SC); 2005(3)CTC227; [2005(3)JCR189(SC)]; JT

known as DNA test) can be given in a proceeding for issuance of succession certificate under the Indian Succession Act, 1925 (in short the 'Act').3.Challenge in this Appeal is to the order of a learned Single Judge of the … prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act. (4) The court must carefully examine as to what would be the consequence of

Muninanjappa and ors. Vs. R. Manual and anr.

Court : Supreme Court of India

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 8 and 14(1) and (2);; Indian Succession Act, 1925 - Sections 112 and 115

Reported in : AIR2001SC1754,2001(3)SCALE321,(2001)5SCC363,[2001]2SCR1113

law and liable to be set aside. He also referred to Sections 112 and 115 of the Indian Succession Act, 1925. The submission is, Section 112 spells out, when a bequest is made to a person not in existence

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 15, 75, 83, 84, 86, 87, 88, 93, 97, 112, 113, 114, 115, 116, 124 and 192 to 195; Hindu Succession Act, 1956 - Sections 15 and 15(2); Land Acquisition Act - Sections 18; Hindu Transfers and Bequests Acts, 1914; Hindu Disposition of Property Act, 1916; Hindu Transfers and Bequests (City of Madras) Act, 1921; Transfer of Property Act - Sections 13; Hindu Law; Code of Civil Procedure (CPC) - Order 1, Rule 10

Reported in : 2005(6)ALT264

by Sri Gadireddy Rama Rao and the validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as 'Act' for the purpose of convenience.2. Originally, the plaintiff Thota Venkata Seshu … that the bequest in favour of an unborn child is void in view of the clear language of Section 112 of the Act. The learned Counsel also had taken this Court through the findings recorded by the trial

T.B. Sri Rangi Vs. Asia Bai

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 111, 112 and 121

Reported in : AIR1959Mad475

as the disposition did not offend against the rules contained in Section 113 to 116 of the Indian Succession Act, 1925. (In a case of gift or other transfer Inter vivos subject to the provisions in Chapter H of … rules in that regard have been codified by Sections 111, 112 and 121 of the Indian Succession Act. Section 112 refers to a case where the bequest is made to a person by particular description and who was

G. Narayanan and ors. Vs. R.N. Rajagopalan and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 82, 88, 93, 112, 113 and 114; Transfer of Property Act, 1882 - Sections 5; Hindu Succession Act, 1956 - Sections 8

Reported in : AIR1987Mad75; (1987)IMLJ417

1 and 2.10. Appeal dismissed. Property - entitlement - Sections 82, 88, 93, 112, 113 and 114 of Succession Act, 1925, Section 5 of Transfer of Property Act, 1882 and Section 8 of Hindu Succession Act, 1956 - under clause

Priyesh Vasudevan Vs. Shameena

Court : Kerala

Subject : Service

Acts : Kerala Education Act; ;Kerala Education Rules, 1959 - Rules 51A and 51B; ;Indian Majority Act, 1875 - Sections 3 and 4; ;Limitation Act, 1963 - Sections 6, 7 and 8; ;Limitation Act, 1908; ;Hindu Succession Act, 1956 - Sections 20; ;Indian Succession Act, 1925 - Sections 2, 7 and 112; ;Transfer of Property Act - Sections 13 and 20; ;Land Reforms Act - Sections 82; ;Kerala Service Act - Sections 4 and 5; ;Kerala Service Rules - Rules 60, 67 and 71; ;Indian Penal Code (IPC) - Sections 187 and 312 to 316; ;Constitution of India - Articles 14 and 16; ;Hindu Law; ;Civil Law

Reported in : 2005(4)KLT1003

vest in the child with effect from the date of the death of the intestate.'9. In the Indian Succession Act, 1925, 'minor' is defined under Section 2(e), which reads as follows:'(e) 'minor' means any person subject to the Indian … posthumous child, in the country in which his father was domiciled at the time of the father's death. Section 112 of the Indian Succession Act recognises the rights of a person coming into existence after the death of

Raj Kumari Sharma Vs. Rajinder Nath Dewan and ors.

Court : Delhi

Subject : Family

Acts : Succession Act, 1925 - Sections 111

Reported in : AIR1987Delhi323; 1987(13)DRJ139

and female heirs in view of changed social and economic conditions. The provisions of Section 111 of the Succession Act, 1925 and the intention of the testator to benefit his legal heirs in his Will of 1942 is to … Hypothetical pedigree tables are given to support the arguments. Reliance is also placed on Section 93 and on Section 112 which carries to it a similar Exception as of Section 111 and the illustration. It is urged that

N. Radhakrishna Naidu and ors. Vs. S. Govindaswami Naidu and anr.

Court : Chennai

Subject : FamilyProperty

Reported in : (1975)1MLJ212

Act, 1925, to Section 20 of the Transfer of Property Act, 1882, though illustrations (ii) to (v) of Section 112 of the Indian Succession Act indicate that that section may be intended to have a similar result.However, with … took a vested interest in the suit properties, the bequest is hit by Section 113 of the Indian Succession Act, 1925, because his interest was liable to be diminished or reduced if other sons were born to Sethulakshmi Ammal.

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 … Amin vs. Seetharama (2007) 1 SCC 694, Suhrid Singh Alias Sardool Singh vs. Randhir Singh (2010) 12 SCC 112 and in Budh Ram vs. Bansi (2010 AIR SCW 5071)) However, it is to be noticed that the

G. Govindan Vs. New India Assurance Co. Ltd. and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 29A, 31, 94, 95, 103-A and 112; Motor Vehicles Act, 1988 - Sections 146, 147, 156 and 157; Insurers Act, 1930 - Sections 101 and 102

Reported in : I(1999)ACC483; 1999ACJ781; AIR1999SC1398; (1999)3CALLT34(SC); [1999]97CompCas443(SC); 1999(2)CTC473; JT1999(2)SC622; (1999)122PLR274; RLW1999(3)SC385; 1999(2)SCALE491; (199

the ambit of s. III of the Regulation. Since the courts have now ample powers under the Indian Succession Act, 1925, and the Code of Civil Procedure, these provisions of the Regulation are out of date and should be … to have granted the no objection certificate. The failure to comply with Section 31 is made punishable under Section 112. However, as an alternative measure it also provided under Section 31(1-A) that if the transferor or transferee fails