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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 … Special Leave Petitions are dismissed.'18. It is neither in doubt nor in dispute that Clause 1 of Article 13 of the Constitution of India in no uncertain terms states that all laws in force in the territory

Framroze Dadabhoy Madon Vs. Tehmina

Court : Mumbai

Subject : PropertyFamily

Reported in : (1947)49BOMLR882

Privy Council upon the trusts of a will, declared to be void under Section 113 of the Indian Succession Act, 1925, applied, and he followed a decision of Mr. Justice Blagden in the case of Ardeshir Baria v. Dadabhoy … the issue of Bai Tehmina, have been held by the learned Judge to be void by reason of Section 13 of the Transfer of Property Act, 1882, as have also the subsequent trusts, with the result that a

Anant Trimbak Sabnis Vs. Vasant Pratap Pandit

Court : Mumbai

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 5(11), 13(1)(3) and 15; Indian Succession Act, 1925 - Sections 211, 211(I) and 213; Transfer of Property Act, 1882 - Sections 2, 5, 7, 12, 13, 15, 15(1) and 15(2); Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973; B.T. and A. Act, 1948 - Sections 2(21); Indian Companies Act - Sections 312; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1978; Evacuee Property Act, 1950

Reported in : AIR1980Bom69; 1979MhLJ755

extent, this suit is liable to be dismissed.25. Mr. Parekh then relies on Section 211 of the Indian Succession Act. 1925 and contends that even if bequest of the tenancy rights is held to be ineffective, the plaintiff Executor … standard rent and permitted increases from the tenants, to ensure that the afforded immunity is not rendered illusory. Section 13 seeks to relax this immunity where landlord himself is the victim of the scarcity and needs the premises

Palapala Seetharamaswamy Vs. Palapala Sujya Kumar

Court : Andhra Pradesh

Subject : Family

Acts : Transfer of property Act, 1982 - Sections 13, 97 and 113; Indian Succession Act, 1925 - Sections 97 and 113

Reported in : 2004(2)ALT308

for the plaintiff - respondents in the appeal, per contra had explained the different provisions of the Indian Succession Act, 1925 ( for short 'the Act') and also had placed reliance on a decision of the Madras High Court … will conferred absolute estate on the daughter and the bequest in favour of her children is valid under Section 13 of Transfer of Property Act. In the said decision, the provisions of Sec 97and 113 of the Act

Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...

Court : Karnataka

Subject : FamilyConstitution

Acts : Indian Succession Act, 1865 - Sections 332 and 832; Indian Succession Rules; Hindu Law; Adaptations of Law Order, 1950; Indian Succession Act, 1925 - Sections 3, 3(1), 3(2), 3(3), 29(2) and 392; General Clauses Act - Sections 3, 4A and 24; Constitution of India - Articles 13, 13(1), 13(3), 14, 15 and 372

Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270

in force and full effect in view of the provisions of Section 3(1) and 3(2) of the Indian Succession Act, 1925?2. Does the notification referred to immediately herein supra stand impliedly repealed by the provisions of Section 392 of … the Constitution of India and thus become unconstitutional by application of the doctrine of eclipse enshrined in Article 13(1) and 13(3) of the Constitution of India?4. Whether the notification referred to herein supra was deemed to be

Babu Lal Vs. Smt Ganga Bai and ors.

Court : Rajasthan

Subject : Property

Reported in : 1987WLN(UC)446

6 and, therefore, the first appellate Court did not deal with this matter.5. Section 213 of the Indian Succession Act, 1925 makes it clear that Sub-section (1) of the said section, in its application to the Hindus, applies only … of rent, but since he had deposited the arrears of rent in court under the provisions of Section 13(3) of the Rajasthan premised (Control of Rent and Eviction) Act, 1950, the plaintiffs were not entitled to get

N. Radhakrishna Naidu and ors. Vs. S. Govindaswami Naidu and anr.

Court : Chennai

Subject : FamilyProperty

Reported in : (1975)1MLJ212

took a vested interest in the suit properties, the bequest is hit by Section 113 of the Indian Succession Act, 1925, because his interest was liable to be diminished or reduced if other sons were born to Sethulakshmi Ammal. … was also defeasible in the event of unborn beneficiaries predeceasing the sons of the settlor was valid under Section 13 of the Transfer of Property Act. The case was not one under the Indian Succession Act, but arose

Smt. Munni Devi W/O Late Sh. Jagannath, Vs. New India Assurance Co. Lt ...

Court : Delhi

Subject : InsuranceCivil

Acts : Workmen's Compensation Act, 1923; Indian Succession Act, 1925 - Sections 306; Evidence Act - Sections 114; Indian Penal Code (IPC), 1860

Reported in : 1(2003)ACC623; I(2003)ACC623; 2004ACJ974; 2003IIAD(Delhi)255; 103(2003)DLT464; 2003(67)DRJ301; (2003)134PLR13

injured claimant could pursue the petition in terms of Section 306 of The Indian Succession Act, 1925 - Section 13: [Altamas Kabir & Cyriac Joseph,JJ] Custody of child - Welfare of child vis--vis comity of Courts - The … legal representatives of an injured claimant could pursue the petition in terms of Section 306 of The Indian Succession Act, 1925. Section 306 of the Indian Succession Act reads as under:-'306. Demands and rights of action of or against deceased

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 … 1982, Exh. 128, for exhibiting it. The application was granted by the Court on January 28, 1983, Exb. 137, and that is how the probate was brought on record. To recall the facts, the suit was filed

Solomon and ors. Vs. Muthiah and ors.

Court : Chennai

Subject : Property

Reported in : (1974)1MLJ53

III of 1951), which came into force on 1st April, 1951. it was the provisions of the Indian Succession Act, 1925 that applied to the succession to the property of Swaminathan which opened on his death on 29th May, … VI of 1801.8. The Succession Certificate Act VII of 1899, except Section 13.9. The Native Christian Administration of Estates Act VII of 1901 and10. The … Muthammal did not have an absolute interest in the immovable properties inherited from her husband Swaminathan, but under Section 17 of the said Regulation, she was entitled to an absolute right in respect of the movables and