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Unmukt Bhatnagar and ors. Vs. Manoj Bhatnagar

Court : Delhi

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 124 and 125; Hindu Succession Act, 1956 - Sections 15 and 16; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rules 1 and 2

Reported in : AIR2006Delhi248; 128(2006)DLT176; 2006(89)DRJ225; (2006)143PLR21

of interpretation of the Will but arises from a legal bar created by Section 124 of the Indian Succession Act, 1925. The said section along with illustrations reads as under:Section 124 Bequest contingent upon specified uncertain event, no time … If A survives the testator, the legacy to B does not take effect.9. The aforesaid Section along with Section 125 contains what is commonly known as a rule against perpetuity. Illustration (i) of Section 124 applies squarely to

Delphine Ann Mascarenhas Vs. MervyIn J.A. Menezes and anr.

Court : Karnataka

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 88, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130 and 131; Indian Succession Act, 1865 - Sections 111

Reported in : ILR2001KAR4883; 2001(6)KarLJ81

on the basis of the material on record and interpretation of Sections 124 and 131 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') held Issue Nos. 1 and 2 and Additional Issue Nos. and 2 … not lead any evidence. The Trial Court, on the basis of the material on record and interpretation of Sections 124 and 131 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') held Issue Nos. … subject to the rules contained in Sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130'. 12. The undisputed facts disclose that the

Jane Antony and ors. Vs. V.M. Siyath and ors.

Court : Kerala

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 8, 33, 36 and 37 to 40; Motor Vehicles Act, 1988 - Sections 166; Indian Divorce Act, 1869 - Sections 19, 21 and 57; Hindu Marriage Act, 1955 - Sections 12 and 16; Domestic Violence Act, 2005; Hindu Adoptions and Maintenance Act, 1956 - Sections 2(1) and 6; Property Law (Amendment) Act, 1971; Status of Children Act, 1969 - Sections 3; Matrimonial Causes Act; Family Law Reform Act, 1969; Family Law Reform (Amendment) Act, 1987; Code of Criminal Procedure (CrPC) - Sections 125 and 125(1); Hindu Law; Muslim Law; Constitution of India - Article 32; Central Civil Service (Conduct) Rules; Bihar Government Servants' Conduct Rules, 1976

Reported in : 2009ACJ2272

the entitlement of compensation for respondent Nos. 4 and 5 with reference to the provisions of the Indian Succession Act, 1925, which is the law of succession applicable to the appellants. Counsel for the appellants relied on Section 33(a) … is the life of prostitutes (unchaste women) and children born to them, who cannot claim father for them.15. Section 125(1), Criminal Procedure Code gives statutory recognition for right of maintenance of children both legitimate and illegitimate from their

Bhagirathibai Vs. the Advocate General of Bombay

Court : Mumbai

Subject : Family

Reported in : (1937)39BOMLR497

on a proper construction of the above clauses there is a specific bequest. Section 142 of the Indian Succession Act defines ' specific legacy' in the following terms :Where the testator bequeaths to any person a specified part … directions from the Court for the administration of the estate of the late Ramchandra Lalji who died in 1925 and the construction of his will dated August 12, 1924. Question No. 1.2. The first question is about … rents of my said Shaikh Memon Street property a sum of Rs. 125 to each of my three daughters and Rs. 125 to my wife

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Subject : Property limitation

Acts : Transfer of Property Act, 1882 - Section 53A;; Registration Act, 1908 - Section 49;; Specific Relief Act, 1963 - Sections 10 and 13;; Indian Succession Act, 1925 - Sections 2, 273, 274, 300 and 302;; City Civil Court Act, 1953 - Sections 2(5), 5(3) and 22;; Official Trustees Act, 1913 - Sections 25 and 26;; Evidence Act, 1872 - Section 115;; Code of Civil Procedure (CPC), 1908 - Section 11 - Order 1, Rule 13 - Order 6, Rule 4;; Calcutta High Court Original Side Rules - Rules 3 and 13;; Indian Companies Act, 1913;; Specific Relief Act, 1877 - Section 27A;; Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947;; Constitution of India - Article 311(1);; Rent Control Act - Section 11;; Land Reforms Act - Sections 106 and 125(3);; Limitation Act, 1963 - Section 17

Reported in : (2000)2CALLT1(HC)

and estoppel. It was further submitted that the appellant's application was maintainable under section 302 of the Indian Succession Act, 1925 and the order passed thereon could not be void. On the merits the appellant submitted that even though … to proceed further but would have to refer the same to the Land Tribunal for decision under section 125(3) of the Land Reforms Act. in a subsequent proceeding, the issue of the Rent Controller's Jurisdiction was raised

Sunita Shivdasani Vs. Geeta Gidwani and anr.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57, 59, 61, 62, 63, 64, 65, 66, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 to 189 and 190; Hindu Wills Act, 1870 - Sections 2

Reported in : AIR2007Delhi242

Will.3. By the impugned order dated 22nd May, 2006, learned single Judge has held that under the Indian Succession Act, 1925 (hereinafter referred to as the Act for short), there can be Privileged and Unprivileged Wills. Unprivileged Wills must … 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, … Privileged and Unprivileged Wills. Unprivileged Wills must be in writing and should also comply with the requirements of Section 63 of the Act. Privileged Wills can be made by a soldier employed in an expedition or engaged

Krishnan Kunjulakshmi Vs. Narzan Alias Radhakrishnan Nair and anr.

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 228, 232 and 263

Reported in : AIR2003Ker98

Abdul Gafoor, J.1. The appellant did not succeed in an application filed under Section 263 of the Indian Succession Act, 1925. hereinafter referred to as 'the Act', to get letters of administration issued in O.R (LA) No. 152/88 revoked. … 4 C.P.C., is not maintainable. Reason being while exercising powers under Section 7(2)(a) and entertaining maintenance petition under Section 125 of Cr.P.C., Family Court cannot be deemed or treated as civil Court. Proceedings for maintenance before the Family

Sharik Ahmad (Advocate) Vs. Sunder Lal

Court : Chhattisgarh

Subject : Criminal

Reported in : 2008(1)MPHT51(CG)

for deoxyribonucleic acid (DNA) test can be given in a proceeding for coming to a conclusion under the Succession Act, 1925, held that DNA test cannot be directed as a matter of routine and only in deserving cases such … the Court below.2. The brief facts, in nutshell, are that the respondent (minor) has filed an application under Section 125 of the Code of Criminal Procedure for maintenance to be granted from the petitioner on the ground of

Nishabar Singh Vs. Local Gurdwara Committee Manji Sahib, Karnal and an ...

Court : Punjab and Haryana

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 70; Code of Civil Procedure (CPC), 1908 - Sections 151 and 152

Reported in : AIR1986P& H402

the testator/testatrix whether a presumption can be drawn that the testator/testatrix had revoked it. Section 70 of the Succession Act, 1925, provides that no unprivileged will shall be revoked otherwise than by marriage, or by another will or by … Durga Parshad v. Debi Charan, AIR 1979 SC 145, their Lordships of the Supreme Court while interpreting the section 125 down the following six principles to determine the said question:'1. That where a will has been properly executed

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

Subject : Land Acquisition

out of the above said decisions, it is necessary to take notice of the relevant provisions in the Succession Act, 1925. Section 266 of the Act provides that the District Judge shall have, in relation to the granting of Probate … defines "rules" to mean "rules and forms contained in the First Schedule or made under Section 122 or Section 125". The conspicuous absence of reference to the rules regulating the procedure to be followed on the Original Side