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Mar 04 1959

Kunhi Lekshmi Alias Leela Amma and ors. Vs. Mrs. R. Rugmani Alias Subh ...

Court : Kerala

Decided on : Mar-04-1959

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 115, 192, 193 and 194; Constitution of India - Article 227

Reported in : 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

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Jun 17 2004

Lokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.

Court : Orissa

Decided on : Jun-17-2004

Subject : Civil

Acts : 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

Reported in : 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

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Dec 18 2004

B. Manjunatha Prabhu and ors. Vs. C.G. Srinivas and ors.

Court : Karnataka

Decided on : Dec-18-2004

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 115; Limitation Act, 1965 - Sections 137; Indian Succession Act, 1925 - Sections 222, 229 and 230

Reported in : 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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Jun 11 1993

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Decided on : Jun-11-1993

Subject : FamilyProperty

Acts : 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

Reported in : 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

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Mar 26 1991

Hadinbai W/O C.H. Dharmarao Vs. Smt. C.H. Parwati W/O C.H. Dharmarao a ...

Court : Madhya Pradesh

Decided on : Mar-26-1991

Subject : FamilyCivil

Acts : Succession Act, 1925 - Sections 388(3); Code of Civil Procedure (CPC) , Sections 115

Reported in : 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,

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Oct 09 1998

Neettiyath Kalathil Parukutty Amma and ors. Vs. Puthiyedath Parukutty ...

Court : Kerala

Decided on : Oct-09-1998

Subject : Civil

Acts : Succession Act, 1925 - Sections 74 to 111; Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 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'

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Feb 19 2001

Dulia Devi Vs. Dulia Devi

Court : Allahabad

Decided on : Feb-19-2001

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Indian Succession Act, 1925 - Sections 372 and 373

Reported in : 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

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Oct 17 2011

Smt. Yashoda Sambhaji Sawant Vs. Smt. Savitra Sambhaji Sawant

Court : Mumbai

Decided on : Oct-17-2011

Subject : Succession

Acts : 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

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Oct 30 1962

T.J. George S/O Thattil Joseph Vs. Mrs. Lucy Kochuvareed

Court : Kerala

Decided on : Oct-30-1962

Subject : PropertyCivil

Acts : Succession Act, 1925 - Sections 273 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 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

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Aug 13 1974

Ganganapalli Moorthanna Vs. Ganganapalli Chinna Ankiah and ors.

Court : Andhra Pradesh

Decided on : Aug-13-1974

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 6; Succession Act, 1925 - Sections 159; Hindu Law; Evidence Act, 1872 - Sections 115; Limitation Act, 1963 - Sections 64 and 65

Reported in : 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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