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Kunhi Lekshmi Alias Leela Amma and ors. Vs. Mrs. R. Rugmani Alias Subh ...
Kerala
Mar-04-1959
FamilyProperty
Succession Act, 1925 - Sections 115, 192, 193 and 194; Constitution of India - Article 227
AIR1960Ker47
one within his jurisdiction or not, it is desirable to refer to the relevant provisions of the Indian Succession Act, 1925. Section 192(1) reads:'Section 192(1). If any person dies leaving property, movable or immovable, any person claiming a right by … and placing their objections before that Court have rushed up to this Court with this petition filed under Section 115 of the Code of Civil Erocedure as also under Article 227 of the Constitution.16. Though even at the
Tag this Judgment! AI Brief & AskLokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.
Orissa
Jun-17-2004
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; India Succession Act, 1925 - Sections 384 and 388; Orissa Civil Court's Act, 1984 - Sections 16, 18 and 20
AIR2004Ori176; 98(2004)CLT328
Nos. 1 and 2 filed Misc. Succession Case No. 60 of 1994 under Section 383 of the Indian Succession Act, 1925 (in short, 'the Succession Act') for revocation of the succession certificate granted by the Civil Judge (Senior Division), … party members raised a preliminary objection on the maintainability of the Civil Revision in view of amendment of Section 115 of the Code of Civil Procedure, 1908 (in short, 'the Code') by Act 46 of 1999 and argued
Tag this Judgment! AI Brief & AskB. Manjunatha Prabhu and ors. Vs. C.G. Srinivas and ors.
Karnataka
Dec-18-2004
FamilyProperty
Evidence Act, 1872 - Sections 115; Limitation Act, 1965 - Sections 137; Indian Succession Act, 1925 - Sections 222, 229 and 230
AIR2005Kant136; ILR2005KAR467; 2005(4)KarLJ85
21st January 1983 on the file of the City Civil Judge, Bangalore under Section 276 of the Indian Succession Act, 1925 [hereinafter referred to as 'the Act'] seeking probate of the Will dated 20th April 1970 of late C.G. … far as the plea of estoppel against plaintiff is concerned.In this connection, it is useful to refer to Section 115 of the Evidence Act which states that when a person has, by his declaration, act or omission, intentionally
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Multivahuji Vs. Kalindivahuji and ors.
Gujarat
Jun-11-1993
FamilyProperty
Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44
AIR1994Guj42
has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … ORDERS.D. Shah, J.1. This Civil Revision Application, under Section 115 of the Code of Civil Procedure, is directed against the order below Exs. 150 and 152 in Civil
Tag this Judgment! AI Brief & AskHadinbai W/O C.H. Dharmarao Vs. Smt. C.H. Parwati W/O C.H. Dharmarao a ...
Madhya Pradesh
Mar-26-1991
FamilyCivil
Succession Act, 1925 - Sections 388(3); Code of Civil Procedure (CPC) , Sections 115
1991(0)MPLJ761
of the Indian Succession Act, 1925 and if at all revision could lie, it could lie only Under Section 115 of the Code of Civil Procedure. No Civil Revision is maintainable in the High Court Under Section 115 … Civil Revision Application has been purported to be filed under Sub-section (3) of Section 388 of the Indian Succession Act, 1925. The impugned order has been passed on 28-3-1989 in an appeal by the District Judge, Bastar at Jagdalpur,
Tag this Judgment! AI Brief & AskNeettiyath Kalathil Parukutty Amma and ors. Vs. Puthiyedath Parukutty ...
Kerala
Oct-09-1998
Civil
Succession Act, 1925 - Sections 74 to 111; Code of Civil Procedure (CPC) , 1908 - Sections 115
AIR1999Ker236
bear their respective costs in all the Courts. Civil - bank balance - Sections 74 to 111 of Succession Act, 1925 and Section 115 of Code of Civil Procedure, 1908 - will provides for bequethal of 'cash in hand'
Tag this Judgment! AI Brief & AskDulia Devi Vs. Dulia Devi
Allahabad
Feb-19-2001
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; Indian Succession Act, 1925 - Sections 372 and 373
AIR2001All195
certificate in favour of the opposite parties. Learned counsel has referred tothe provisions of Chapter X of Indian Succession Act, 1925. Section 372 provides forapplication for certificate and the particularbe mentioned in the same. Sub-section (2) ofSection 373 provides that … ORDERB.K. Rathi, J.1. This revision under Section 115, C.P.C. has been directed against the order dated 8-10-1999 passed by Sri Ramesh Chandra Singh, VIIth Additional District
Tag this Judgment! AI Brief & AskSmt. Yashoda Sambhaji Sawant Vs. Smt. Savitra Sambhaji Sawant
Mumbai
Oct-17-2011
Succession
Indian Succession Act, 1925 - Section 373, 383, 370, 390, 384, 388; Code of Civil Procedure (CPC), 1908, - section 115
by the Respondent in the Court of learned C.J.S.D. Satara under section 373 and 383 of the Indian Succession Act, 1925. Part 10 of the said Act containing Section 370 to 390 deal with succession certificate. Section 373 deals … of Mr. Hatle, Advocate for Appellant, the Second Appeal is allowed to be converted into a CRA under section 115 of the Code. Since the Second Appeal was filed within limitation and allowed to be converted, the CRA
Tag this Judgment! AI Brief & AskT.J. George S/O Thattil Joseph Vs. Mrs. Lucy Kochuvareed
Kerala
Oct-30-1962
PropertyCivil
Succession Act, 1925 - Sections 273 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 115
AIR1963Ker188
Court has jurisdiction and dismiss thisrevision petition with costs. Property - probate - Sections 273 and 299 of Succession Act, 1925 and Section 115 of Code of Civil Procedure, 1908 - jurisdiction of District Court to grant probate in
Tag this Judgment! AI Brief & AskGanganapalli Moorthanna Vs. Ganganapalli Chinna Ankiah and ors.
Andhra Pradesh
Aug-13-1974
Trusts and Societies
Trusts Act, 1882 - Sections 6; Succession Act, 1925 - Sections 159; Hindu Law; Evidence Act, 1872 - Sections 115; Limitation Act, 1963 - Sections 64 and 65
AIR1975AP97
not invalidate 'will' - held, will and trust are enforceable. (ii) Enforceability of trust - Section 159 of Succession Act, 1925 - testatrix gifted some property included in trust - disposal of part of property did not made trust … title acquired by continuous and uninterrupted possession of trustee - held, trust legal and valid. (iv) Estoppel - Section 115 of Evidence Act, 1872 and Sections 64 and 65 of Limitation Act, 1963 - first defendant who had
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