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C.S. Loganathan Vs. P.L. Kapur and ors.

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 146 - Order 22, Rule 2; Succession Act, 1925 - Sections 214(1)

Reported in : ILR1971Delhi175B

not attracted in execution proceedings. It is also contended by the applicants that the provisions of the Indian Succession Act, 1925, in particular Section 214 creates no bar to the legal heirs or legal representatives continuing with the execution … (4) There is no dispute that Order 22 Civil Procedure Code would not be attracted in execution proceedings. Section 146 of the Code of Civil Procedure is the only provision which comes into play at this stage apart

Kariyamma Vs. Assistant Commissioner and Land Acquisition Officer

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214, 214(1) and 214(2); Code of Civil Procedure (CPC) , 1908 - Sections 47 and 146 Order 21, Rules 10 and 11 - Order 22, Rule 12

Reported in : ILR1992KAR2807

the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under Section 214 of Indian Succession Act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves … case and to continue the proceedings not only under Order 21 Rule 16 of C.P.C., but also under Section 146 of CPC.5. Mr. Justice Anantha Krishna Ayyar in VENKATALAKSHAMMA v. SESHAGIRI RAO, 1931 Madras Weekly Notes 48 has

Smt. Kariyamma and Others Etc. Vs. the Assistant Commissioner and Land ...

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47 and 146 - Order 21, Rules 10, 11 and 16 - Order 22, Rule 12; Indian Succession Act, 1925 - Sections 214(2); Wealth-tax Act - Sections 2; Hindu Succession Act, 1956 - Sections 8 and 88; Administrator General's Act, 1913 - Sections 31 and 32

Reported in : AIR1993Kant321; 1992(3)KarLJ573

the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under Section 214 of Indian Succession Act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves … case and to continue the proceedings not only under O. 21, R. 16 of C.P.C. but also under Section 146 of C.P.C.5. Mr. Justice Anantha Krishna Ayyar in Venkatalakshmma v. Seshagiri Rao reported in 1931 Mad WN 48

H.V. Veerabhadraiah Vs. H.S. Kanteeravachar and Others

Court : Karnataka

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC), 1908 - Sections 115 and 146 - Order 21, Rule 35; Administrator General's Act, 1918 - Sections 31 and 32; Companies Act, 1956 - Sections 433; Indian Succession Act, 1925 - Sections 214(1); Income Tax Rule, 1961 - Rule 26(1)

Reported in : AIR2001Kant171; 2001(4)KarLJ31

probate or succession certificate the proceeding could not be maintained in view of Section 214 of the Indian Succession Act, 1925. The learned Counsel for the revisionist, further made reference to decision of this Court in Smt. Kariyamma and … Court made reference to certain decisions and thereafter it held that the objections were frivolous in view of Section 146 of the Code of Civil Procedure and the law laid down by this Court in T. Ramaiah v

Rahmatullah Vs. Indra Kumar and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 47 and 146 - Order 21, Rule 16 - Order 22, Rules 3, 4 and 8; Evidence Act, 1872 - Sections 68 and 69; Indian Succession Act, 1925 - Sections 57 and 213

Reported in : 2002(2)AWC1142

Disputed Will - Sections 68 and 69 of Evidence Act, 1872 and Sections 57 and 213 of Indian Succession Act, 1925 - revisionist claims that the Will is not proved - no dispute over proof of Will is not … also very fallacious and is repelled by the same force. Learned counsel has totally ignored the provisions of Section 146, C.P.C. which provides that where any proceeding may be taken or application may be made by or against

Representatives of Harmanbhai Lallubhai Lalitbhai Gordhanbhai @ Karchi ...

Court : Gujarat

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47 - Order 22, Rule 12; Succession Act, 1925 - Sections 214 and 214(1)

Reported in : AIR1990Guj100; (1990)1GLR192

revision application. 2. The respondents contend that in view of the provisions of Section 214(1)(b) of the Indian Succession Act, 1925, the petitioners have no right to proceed further with the execution application filed by the deceased judgment creditor. … application can be filed any number of times so long as the decree is alive. The provisions of Section 146 of C.P. Code enable the legal representatives of deceased decree holder to be brought on record to carry

Manoj Karam Vs. Ram Tuljiram Shahani and Others

Court : Mumbai

Subject : Education

that (i) There is a distinction between the provisions of Section 211 and Section 213 of the Indian Succession Act, 1925. Section 213 provides that no right as executor or legatee can be established unless a Court of competent jurisdiction … a proceeding or application can be made by or against any person claiming under him by virtue of Section 146; (iii) The Learned Single Judge has ignored the decisions which were cited before the Court; and (iv) The

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 … 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157-189 and … 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

Sarvjit Singh Sareen Vs. Mrs. Ritu Menon and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 57, 63, 87, 111, 112, 113, 114, 115, 116, 118, 119, 120and 138; Evidence Act 1872 - Sections 68; Uttar Pradesh Zamindari Abolition Act - Sections 169; Transfer of Property Act, 1882 - Sections 19 and 21; Hindu Law

Reported in : 166(2010)DLT242

proved by one of the attesting witness, Mr. Navneet Bansal in terms of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act 1872. It is urged that the contents of the … 249. The court took note of Shantilal Babubhai and Ors. v. Bai Chhani and Ors. AIR 1973 Guj 146, a full Bench decision of Gujarat High Court, as well as Lalit Mohan Mondal v. Profulla Kumar Mondal

Smt. Ram Murti Devi and ors. Vs. Ralla Ram Tulsi Ram and anr.

Court : Himachal Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 42, 42(4), 52 and 146 - Order 21, Rules 10 and 16 - Order 22, Rules 3, 4, 8 and 12; ;Succession Act, 1925 - Section 214 and 214(1)

Reported in : AIR1987HP1

proceedings could not be continued by the petitioners without obtaining a succession certificate under Section 214 of the Succession Act. Reply was filed on behalf of the petitioners, who claimed that there was no need to obtain a … : Provided that ...... Provided also that..... Explanation -- Nothing in this rule shall affect the provisions of Section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply