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Ranchhoddas Govinddas Banatwala

Court : Mumbai

Subject : Family

Reported in : (1976)78BOMLR219; 1976MhLJ636

other than a liquidated sum of money is a debt as contemplated by Part X of the Indian Succession Act, 1925, so as to enable the Court to issue a succession certificate in respect thereof.2. The facts which have … sum of money or a security falling within the definition of that term given in Sub-section (2) of Section 370 of the Indian Succession Act, 1925. Accordingly, this petition was placed before me for hearing. As this … from the 1845 edit, of Stephen's Laws of England, vol. II, p, 144, that example being 'Whenever a man is subject to a legal liability

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … controversy in the suit, and includes the rejection of a plaint and the determination of any question within Section 144..... Section 2(14) defines an 'order' as meaning the formal expression of any decision of a civil court which

ittoop Vs. Mathunni and anr.

Court : Kerala

Subject : Civil

Acts : Kerala Court-fees and Suits Valuation Act, 1960 - Schedule - Articles 4 and 11(2); Succession Act, 1925 - Sections 278

Reported in : AIR1984Ker73

arguments-before us are the following :--'Schedule I, Article 4.Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925.An amount of one- halfthe scale of fee p r e-scribed in Article 1 on the amount or value … 3. Memorandum of appeal from an order inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure, 1908, and not otherwise provided for when presented -(iii) to the High

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 … 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, … 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

Parmeshar Singh and ors. Vs. SitladIn Dube and anr.

Court : Allahabad

Subject : civil

Reported in : AIR1934All626; 150Ind.Cas.1096

and it was first decreed by the first Court on 21st January 1925. The plaintiffs, immediately thereafter obtained delivery of possession of the property on … Sulaiman C.J.1. This is a plaintiffs' appeal arising out of an application for restitution and compensation under Section 144, Civil P.C. Suraj Narain Pal took a perpetual lease from the zamindar of sir lands measuring 35 bighas … passed in the first instance and a final decree has to be passed on application made by the successful party. It has been held by all the Courts in India unanimously that Article 181 applies to the … held that the application was barred by time under Article 181, Limitation Act, and also held that it was not maintainable. The lower appellate' Court

Zafar Khan and ors. Vs. Board of Revenue, U.P. and ors.

Court : Supreme Court of India

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 10, 144 and 144(1)

Reported in : AIR1985SC39; 1984(2)SCALE135; 1984Supp(1)SCC505; [1985]1SCR287; 1984(16)LC1110(SC)

the ambit of s. III of the Regulation. Since the courts have now ample powers under the Indian Succession Act, 1925, and the Code of Civil Procedure, these provisions of the Regulation are out of date and should be … the appeal.4. The appellants on the reversal of the decision of the Additional Commissioner moved an application Under Section 144 of Code of Civil of Procedure, before the Sub Divisional Officer on September 11, 1958 praying for restitution

Pressy Pinto Vs. Rony Maxim Pinto and ors.

Court : Karnataka

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 35A, 91, 92, 95, 295 and 299; Hindu Marriage Act, 1955 - Sections 24; Karnataka Court-Fee and Suits Valuation Act; Code of Civil Procedure (CPC) - Sections 2(2), 2(14), 96, 104 and 144 - Order 7, Rule 10 - Order 9, Rules 9 and 13 - Order 11, Rule 21 - Order 21, Rules 34, 72, 92 and 106(1) - Order 22, Rules 9 and 10 - Order 25, Rule 2 - Order 33, Rules 5 and 7 - Order 35, Rules 3, 4 and 6 - Order 37, Rules 2, 3 and 6 - Order 39, Rules 1, 2, 2A, 4 and 10 -Order 40, Rules 1 and 4 - Order 41, Rules 1, 2, 19, 21, 23 and 23A - Order 43, Rules 1 and 2 and Order 47, Rule 4

Reported in : AIR2009Kant157; 2009(5)KarLJ601; 2009(4)AIRKarR281

of the observation of learned single Judge on earlier occasion in RFA 324/02.3. Sections 295, 299 of Indian Succession Act, 1925 and so also Sections 96, 104 and Order 43, Rules 1 and 2 of the C.P.C. are relevant … It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include-(a) any adjudication from which an appeal lies as an appeal from an order, or(b)

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

Subject : Family

Acts : Land Reforms Act, 1961; ;Hindu Succession Act, 1956 - Sections 3, 6, 6(1), 6(2), 6(3), 6(5), 6(A), 6(B), 6(C), 8, 14, 14(1), 29A and 30; ;Hindu Succession (Amendment) Act, 2005; ;Hindu Law of Inheritance Act, 1929; ;Hindu Women's Right to Property Act, 1937; ;Kerala Joint Hindu Family System (Abolition) Act, 1975; ;Indian Registration Act, 1908 - Section 17(1); ;Indian Succession Act, 1925; ;Hindu Succession (Karnataka Amendment) Act, 1990; ;General Clauses Act, 1897 - Section 6; ;Code of Civil Procedure (CPC) , 1908 - Section 144; ;Hindu Law; ;Constitution of India - Articles 13, 13(2), 14, 15, 15(1), 15(2), 15(3), 16, 20, 38, 39, 46, 245, 254, 254(1) and 254(2)

of being so disposed of by him or by her in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force and applicable to Hindu. Explanation to that Section … It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include-(a) any adjudication from which an appeal lies as an appeal from an order, or(b)

Ahmedabad Women Action Group (Awag) and ors. Vs. Union of India

Court : Supreme Court of India

Subject : Family

Acts : Constitution of India - Articles 13, 14, 15, 21, 25, 26, 27, 32, 33, 38, 39, 44 and 366; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Hindu Succession Act, 1956 - Sections 2(2), 5, 6 and 30; Hindu Marriage Act, 1955; Special Marriage Act, 1954 - Sections 28; Indian Penal Code (IPC), 1860 - Sections 494; Chotanagpur Tenancy Act, 1908; General Clauses Act; Hindu Minority and Guardianship Act - Sections 3(2), 6 and 9; Indian Succession Act, 1925 - Sections 3, 43 and 46; Indian Divoce Act, 1869 - Sections 10 and 34; A.P. Charitable Hindu Religiou and Endowments Act, 1987 - Sections 1 5, 16, 17, 29(5) and 144; Hindu Bigamious Marriages Act, 1946

Reported in : AIR1997SC3614; II(1997)DMC224SC; (1997)3GLR1882; JT1997(3)SC171; 1997(2)SCALE381; (1997)3SCC573; [1997]2SCR389; 1997(1)LC548(SC)

It is also proposed that even though the provisions of the Hindu Succession Act, 1956 and the India Succession Act, 1925 in terms would not apply to the Schedule Tribes, there general principles composing of justice, equity and fair … and Anr. : [1996]1SCR603 validity of Sections 15, 16, 17, 29(5) and 144 of the A.P. Charitable Hindu Religions and Endowments Act, 1987 were challenged. … husband takes more than one wife is act of cruelty within the meaning of Clause VIII (f) of Section 2 of Dissolution of Muslim Marriages Act, 1939.(d) to declare that Muslim Women (Protection of Rights on Divorce)

Puttamma and ors. Vs. K.L.Narayana Reddy and anr.

Court : Supreme Court of India

Subject : Land Acquisition

Thus, compensation/damages proportionate to the loss resulting from such death was payable.13. Under Section 306 of the Indian Succession Act 1925 all rights for claiming damages after the death of a person survive and legal representative could claim damages. … impairing of the powers of any member or joint; or (c) permanent disfiguration of the head or fact.” Section 144 provides for non-obstante clause.23. Section 163A contains special provisions as to payment of compensation on structured formula basis.