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Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Property

Acts : Succession Act, 1925 - Sections 118; Constitution of India - Articles 14, 15, 25 and 26

Reported in : AIR1999Ker93

of 1996. The petitioners in both the Original Petitions are Christians. Aggrieved against Section 118 of the Indian Succession Act, 1925, they have filed the Original Petitions to declare the said provision as unconstitutional, discriminatory, arbitrary and violative of

Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...

Court : Mumbai

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 2, 57, 213, 213(1) and 213(2); Succession Act, 1925 - Sections 3, 118 and 119; Indian Succession (Amendment) Act, 1962; Hindu Wills Act, 1870 - Sections 2; Indian Succession Act, 1865 - Sections 331; Hindu Disposition of Property Act, 1916; Constitution of India - Articles 14 and 19

Reported in : 2007(5)ALLMR339; 2008(2)BomCR418

Vallamattom v. Union of India, relied upon by the Petitioners facts are clearly distinguishable and bare perusal of Section 118 of Succession Act, 1925, is sufficient to show that it affected the substantive right of the Christian citizen … challenged in these 2 Writ Petitions on the ground that provisions of Section 57(a) and (b) of Indian Succession Act, 1925, violate Article 14 and 19 of the Constitution of India with prayer to hold that Probate is required

Antony Vs. Mathew and ors.

Court : Kerala

Subject : Family

Acts : Succession Act, 1925 - Sections 70, 118 and 222

Reported in : AIR1962Ker48

charity form an essential part of both the wills, Ext, P.5 dated 28-1-1952 and Ext. P.4 dated 26-3-1953. Section 118 of the Indian Succession Act, 1925, provides :'No man having a nephew or niece or any nearer relative … M.S. Menon, J.1. This is an application for probate under the Indian Succession Act, 1925. The testator died on 11-4-1953 leaving behind four testamentary instruments; a will dated 28-1-1952 (P.5), two codicils, one

Susila Ammal Vs. Indiraniammal

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 -- Sections 87, 88, 97, 113, 114 and 118; Hindu Succession Act, 1956 -- Sections 15

Reported in : 2000(4)CTC78

will were incongrous and offended the rule against perpetuity as set out in Section- 114 of the Indian Succession Act, 1925.6. Per contra, Mrs.Prabha Sridevan submitted that the concept of rule against perpetuity could not be brought in or … testator cannot take effect to its full extent, because the gift to the hospital is void under Sec. 118 but it will take effect so far as regards the gift to CD.'14. As stated in Section 87

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest

Bai Cursetbai C. Dossabhoy Vs. Bai Hamabai Jehangir Wadia

Court : Mumbai

Subject : Property

Reported in : AIR1943Bom317; (1943)45BOMLR598

the estate of the said Ardeshir Burjorji Lah,4. Mr. Justice Kania held that Section 118 of the Indian Succession Act, 1925, did not apply and, therefore, the bequest in favour of charity was not void. Section 118 provides :No

Mohammad Yunis Vs. Malooki Widow of Nabi Khan and ors.

Court : Punjab and Haryana

Subject : Customs

Acts : Indian Succession Act, 1925 - Sections 118; ;Protection of Human Rights Act, 1993 - Sections 2 and 12; ;Constitution of India - Articles 1(1), 13, 14, 15, 15(3), 16, 21, 25, 26, 44 and 51A; Hindu Succession Act, 1956; Punjab Pre-emption Act, 1913 - Sections 15;

Reported in : AIR2004P& H115; (2004)136PLR330

John Vallamattom v. Union of India, (2003)6 S.C.C. 611, the Apex Court struck down 118 of the Indian Succession Act, 1925 restricting bequeathing of property for religious orcharitable use except in the manner provided therein. It was observed as … by reason of the Hindu Succession Act, 1956 and other enactments. This court, therefore, while considering constitutionality of Section 118 of the Indian Succession Act, is entitled to take those facts also into consideration.''Before I part with the

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

Subject : Civil

Acts : Commercial Documents Evidence Act, 1939 - Section 3; ;Evidence Act, 1872 - Sections 4, 9, 41 and 165; ;Industrial Disputes Act; ;Arbitration Act, 1940 - Sections 14, 14(2) and 17; ;Government of India Act, 1935 - Section 176; ;Government of India Act, 1915 - Section 32; ;Government of India Act, 1858 - Section 65; ;Colonial Court of Admiralty Act, 1890; ;Merchant Shipping Act - Sections 443, 443(3) and 444; ;Civil Jurisdiction and Judgments Act, 1982 - Section 34; ;Admiralty Act, 1988; ;Succession Act, 1925 - Section 118; ;Companies Act, 1956; ;Arbitration and Conciliation Act, 1996; ;Foreign Sovereign Immunities Act, 1976; ;Code of Civil Procedure (CPC) , 1908 - Sections 6, 9, 16 to 20, 83 to 87A, 87B, 112, 112(2) and 141 - Order 1, Rule 8 - Order 7, Rule 11 - Order 41, Rule 27; ;Civil Pr

In that case the Supreme Court referred to the history behind the incorporation of Section 118 of the Succession Act, 1925 and struck it down as being violative of Article 14 of the Constitution. This plaintiff has referred to

Shantabai Wd/O Givindrao Ghorpade and ors. Vs. Indubai Wd/O Raghunath ...

Court : Mumbai

Subject : Family

Acts : Evidence Act - Sections 118; Code of Civil Procedure (CPC) - Order 3, Rule 2; Indian Succession Act, 1925

Reported in : 2005(1)ALLMR99; 2005(2)MhLj553

of such Will, Govindrao had no right to transfer such property, without revoking the will under the Indian Succession Act, 1925. There cannot be implied revocation. The Trial Judge, therefore, relied in AIR 1925 Patna 729. The relevant portion … view of this judgment passed on Order III, Rule 2 of the Code of Civil Procedure, read with Section 118 of the Indian Evidence Act, the Power of Attorney holder is not entitled to appear as a witness

Zee Telefilms Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 7, 12, 13(1), 13(2), 14, 17, 19, 19(1), 19(6), 21, 21A, 26, 32, 73, 77, 145(3), 226 and 298; Human Rights Act, 1998 - Sections 8; Companies Act; Succession Act 1925 - Sections 118; International Airport Authority Act, 1971; International Cricket Council Rules - Rules 8, 9, 10, 12, 32, 32A, 33, 34, 35 and 38; Societies Registration Act 1860; Tamil Nadu Societies Registration Act, 1975; Trade Practices Act, 1974; Wheat Marketing Act, 1989

Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649; [2005] 1 SCR 913; MANU/SC/0074/2005

in U.K. in relation to a provision which was in pari materia with Section 118 of the Indian Succession Act 1925, this Court observed:'...The constitutionality of a provision, it is trite, will have to be judged keeping in view