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Abha Dastane-Rao and Another Vs. Prabhakar Deolankar and Others

Court : Mumbai

Subject : MRTP

their position. If they have chosen not to do so, the consequences are of their own making. Indian Succession Act, 1925 Section 301 Removal of executor Petitioner sought to remove first Respondent as executor of Will said to have been … out (Dhana Bakkiyammal v Thangevelu Mudaliar, ILR 50 Mad 965; Shanti Devi v Yadvinder Thakur and Anr., (2006) 143 PLR 799).The present application may be styled as one under Section 301, but that is surely an over

indo Rama Synthetics (i) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 37(1), 143(3) and 260A

Reported in : (2010)228CTR(Del)278

the matter in further appeal to the Income-tax Appellate Tribunal (hereinafter referred to the Tribunal'), but without any success as the appeal of the appellant has been dismissed by the Tribunal vide impugned order dt. 16th Jan., … off and claimed deduction in computation of income for the asst. yr. 2000-01 under Section 37(1) of the Act.4. Vide order dt. 31st Dec, 2002 passed by the AO under Section 143(3) of the Act, the AO

Babu Lal Grand Sons Family Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1989)31ITD52(Delhi)

and therefore, in view of Section 14 of the Transfer, of Property Act, 1908 and Section 114 of Succession Act, 1925, the tying-up of property beyond the minority of the persons to whom the Trust created belonged, was against … wholesale basis.The assessment was completed by the I.T.O. for the A.Y. 1982-83 in question on 10-3-1983 under Section 143(3) after giving a notice under Section 143(2). The I.T.O. held that the shares ofthe beneficiaries were specified and

Mt. Kulwanta Bewa and ors. Vs. Karam Chand Soni and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1938Cal714

mortgagee named in the deed, not having taken out letters of administration or a succession certificate, Section 214, Succession Act, 1925, is a bar to their recovering a decree. The plaintiffs met this objection in anticipation in their plaint … Modi v. Baij Nath Singh (1892) 19 Cal 336, Baid Nath Das v. Shamanand Das (1895) 22 Cal 143, Mahomed Yusuf v. Abdur Rahim Bepari (1899) 26 Cal 839 and Umash Chandra Pramanik v. Mathura Mohan Haldar

Sudhir Asher and anr. Vs. Vijay Shroff and ors.

Court : Kolkata

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 152 and 330;; High Court Original Side Rules - Rule 1;; Code of Criminal Procedure (CrPC) , 1973 - Section 482;; Administration of Estates Act, 1925

Reported in : (2000)1CALLT548(HC)

on a passage in Paruck's The Indian Succession Act, 1925, 8th Edition, page 431 being a commentry on section 143 to contend that the legacy of shares to the Appellants was not a specific legacy. The passage reads … or revoked by any act of the-testator. In fact, the Chapter on ademptlon of legacies in the Indian Succession Act, 1925 is Chapter XVI which pertains only to ademptlon of specific legacies. Thus under section 152 of the Indian

Joyna John Vs. State and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 299/384, 276/279, 63; Evidence Act, 1872 - Section 68

1. The present appeal under section 299/384 of the Indian Succession Act, 1925 is directed against the order dated 02.07.2007 passed by learned Additional District Judge, whereby the learned Judge has … other?"7. Counsel for the appellant has placed reliance on the following judgments:-1. Rajesh Sharma v. Krishna Kumar Sharma, 143 (2007) DLT 216;2. Afzal-Ur-Rehman Khan v. State & Anr., 150(2008) DLT 185;3. Ashok Kumar Dua v. Ranbir Kumar

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 … 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, … 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

Smt. Salma Irani Vs. Fifth Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1985)14ITD233(Mum.)

the property left behind by Nariman Irani was governed by the provisions in Chapter III of the Indian Succession Act, 1925.3. Nariman Irani had produced a film in regard to which he had granted distribution rights to several … passed assessments against Salma Irani in her capacity as administrator of the estate of late Nariman Irani under Section 143(3), read with Section 144B of the Income-tax Act, 1961 ('the Act')- From them there were appeals to

Jayanand Jayant Salgaonkar and Others Vs. Jayashree Jayant Salgaonkar ...

Court : Mumbai

Subject : Land Acquisition

otherwise, they submit, would be to put these corporate statutes in direct and irreconcilable conflict with the Indian Succession Act, 1925. For, Mr. Shah and Mr. Tamboly say, not only would succession by intestacy be defeated by a corporate … 21.)Municipal Corporation of Greater Bombay v Hindustan Petroleum Corporation, (2001) 8 SCC 143; Kokate, paragraph 22.)and Bharat Coking Coal v Karam Chand Thapar and Bros.(2003) … 29A of the SEBI (Mutual Fund) Regulations, 1996. Defendant No.6 makes a similar claim on the basis of Section 45-ZA of the Banking Regulation Act, 1949 in respect of a fixed deposit receipt for Rs.50 lakhs with

Commissioner of Income-tax Vs. Hindustan Electro Graphites Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance Act, 1990 - Sections 28; Income Tax Act, 1961 - Sections 143(1) and 143(1A)

Reported in : (2000)160CTR(SC)8; [2000]243ITR48(SC)

cash compensatory support was not warranted - question answered in affirmative and in favour of assessee. - INDIAN SUCCESSION ACT, 1925 Section 63: [S.B. Sinha & V.S.Sirpurkar,JJ] Proof of Will - Mere examination of attesting witnesses to prove due execution … circumstances of the case, the Tribunal was justified in deleting the addition made by the Assessing Officer under Section 143(1)(a) in view of the clear cut provisions of Sections 143(1)(a), 143(1A) and 234 ?2. The respondent, the assessee,