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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 … the title of a landlord is very limited in view of rule of law which is codified in Section 116 of the Indian Evidence Act.46. Apart from that it has been held in some decisions of this Court

Chunni Lal and anr. Vs. Vidya Devi and ors.

Court : Delhi

Subject : Civil

Acts : Delhi Rent Control Act, 1958 - Sections 2, 14(1), 14(2), 27 and 39; Delhi Rent Control (Amendment) Act, 1988; Delhi Shops and Establishment Act; Indian Succession Act, 1925 - Sections 63; ; ; Evidence Act, 1872 - Sections 68 and 116; Indian Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : 2007(93)DRJ418

of the deceased owner.13. Learned Counsel for the appellants relied upon the provision of Section 63 ofthe Indian Succession Act, 1925 (hereinafter referred to as the Succession Act). The said Section reads as under:63. Execution of unprivileged wills.--Every testator, … the reading of the aforesaid two provisions would show that the attesting witnesses had to be examined and Section 116 of the Evidence Act would not come in the way of the appellants, which reads as under:116. Estoppel

Gandabhai Ranchhodji Gandhi Vs. Noshir Ka Vasji Sabowala and ors.

Court : Gujarat

Subject : Tenancy

Acts : Transfer of Property Act, 1882 - Sections 11 and 111; Evidence Act, 1872 - Sections 116; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 12, 12(3) and 13(1); Succession Act, 1925 - Sections 213 and 227

Reported in : AIR1994Guj18; (1993)1GLR238

this court.22. The matter can be looked at from a different angle also. Section 213 of the Indian Succession Act, 1925 provides that no right as executor or legatee can be established in any Court of Justice, unless a … in theirfavour. (2) The defendant was not inducted as tenant by the plaintiffs and, hence, the provisions of Section 116 of the Evidence Act, 1872 were not attracted in the instant case. (3) There was no denial of

ismail Haji Arat Vs. Umar Abdulla

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1942)44BOMLR256

invalid if intervening wakf invalid-Transfer of Properly Act (IV of 1882),, Section 16, 27-Indian Succession Act (XXXIX of 1925), Section 116, 129-Gift void ab initio.;Under the Mussalman Wakf Validating Act, 1913, a beneficiary can claim benefit under a wakf … is also void.;Under Section 27 of the Transfer of Property Act, 1882, and Section 129 of the Indian Succession Act, 1925, the failure contemplated is the failure of a valid gift. Where the gift is void as initio the

Oriental Mercantile Co. Ltd. Vs. Binod Behari Dutt Trust and ors.

Court : Kolkata

Subject : CivilProperty

Acts : Hindu Women's Right to Property Act, 1937 - Section 3, 3(1) and 3(3); ;Hindu Succession Act, 1956; ;Hindu Womens' Right to Property Act, 1973; ;Evidence Act, 1872 - Section 116; ;Indian Succession Act, 1925; ;Code of Civil Procedure (CPC) , 1908 - Section 47; ;Hindu Law

Reported in : 2007(3)CHN386

of the grant applicable thereto descends on a single heir or to any property to which the Indian Succession Act, 1925, applies.In Mayne's Treaties of Hindu Law & Usage (19th Edition), the legal position on this count has been … the plaintiff was seeking to deny the title of the landlords, which was impermissible under the provisions of Section 116 of the Evidence Act, 1872. He relied on two authorities of the Hon'ble Supreme Court on this point,

Sarvjit Singh Sareen Vs. Mrs. Ritu Menon and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 57, 63, 87, 111, 112, 113, 114, 115, 116, 118, 119, 120and 138; Evidence Act 1872 - Sections 68; Uttar Pradesh Zamindari Abolition Act - Sections 169; Transfer of Property Act, 1882 - Sections 19 and 21; Hindu Law

Reported in : 166(2010)DLT242

proved by one of the attesting witness, Mr. Navneet Bansal in terms of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act 1872. It is urged that the contents of the … of the children B, C or D, who attains the age of 25 within 18 years after A's death.Section 116. Where by reason of any rules contained in Sections 113 and 114, any bequest in favour of a

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 … to the limitation and provisions contained in Sections 113, 114, 115 and 116 of the Indian Succession Act, 1925.'In Aniruddha Mitra v. The Administrator General … the same is as persona designata and how to interpret the said Clauses especially in the light of Sections 88, 112 and 113 of the Act. The learned Counsel also had taken this Court through the findings

M.V. Savitri Ammal Vs. Secretary, Revenue Department, Govt. of Madras

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 74, 129 and 130

Reported in : AIR1969Mad217

absolute owner' of the properties. 13. No costs. Family - estate - Sections 74, 129 and 130 of Succession Act, 1925 - condition apparent in Will that issueless daughter of testator should survive widow and enjoy properties - ultimate … that the instant case is governed by the rule in Section 129 of the present Act (corresponding to Section 116 of the old Act) and that it did not matter in what manner and in what contingency the

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

Sh. Chunni Lal and anr. Vs. Smt. Vidya Devi and ors.

Court : Delhi

Subject : Tenancy

Acts : Delhi Rent Control Act, 1958 - Sections 2, 14, 14(1), 14(2), 27 and 39; Delhi Shops and Establishment Act; Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68 and 116; Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : 138(2007)DLT224

the deceased owner.13. Learned Counsel for the appellants relied upon the provision of Section 63 of the Indian Succession Act, 1925 (hereinafter referred to as the Succession Act). The said Section reads as under:63. Execution of unprivileged wills. - … the reading of the aforesaid two provisions would show that the attesting witnesses had to be examined and Section 116 of the Evidence Act would not come in the way of the appellants, which reads as under:116. Estoppel