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Susila Ammal Vs. Indiraniammal

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 -- Sections 87, 88, 97, 113, 114 and 118; Hindu Succession Act, 1956 -- Sections 15

Reported in : 2000(4)CTC78

recitals contained earlier that the testatrix had got properties from her father, by virtue of the provisions of Section 15 of the Hindu Succession Act, the properties should go to the father's heirs.13. The learned counsel for the … will were incongrous and offended the rule against perpetuity as set out in Section- 114 of the Indian Succession Act, 1925.6. Per contra, Mrs.Prabha Sridevan submitted that the concept of rule against perpetuity could not be brought in or

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 15, 75, 83, 84, 86, 87, 88, 93, 97, 112, 113, 114, 115, 116, 124 and 192 to 195; Hindu Succession Act, 1956 - Sections 15 and 15(2); Land Acquisition Act - Sections 18; Hindu Transfers and Bequests Acts, 1914; Hindu Disposition of Property Act, 1916; Hindu Transfers and Bequests (City of Madras) Act, 1921; Transfer of Property Act - Sections 13; Hindu Law; Code of Civil Procedure (CPC) - Order 1, Rule 10

Reported in : 2005(6)ALT264

Matched in: Advocate Kakara Venkata Rao, Adv. and ;I. Nagesh, Adv. for proposed implead in ASMP No. 15290 of 2004 Ch. Dhanamjaya, Adv. for Respondent No. 2, ;V. Uma Devi, Adv. for Respondent Nos. 4, 5, 8, 13 and 15, ;Pidikiti Satyanaraya and ;Anjana Devi, Advs. for Respondent No. 14 and ;K.V. Ramana Murthy, Adv.

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

the apprehension expressed by the State-level committee is unfounded.41. The Christians in India are governed by the Indian Succession Act, 1925. It is stated that by operation of Section 1 notification issued under the Government of India Act of … diversion of tenancy right. In Atma Prakash v. State of Haryana, : [1986]1SCR399 , testing the validity of Section 15 of the Punjab Pre-emption Act, 1930, for the aforesaid reasons, this Court held that the right of pre-emption

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 … in Part III thereof.12. Further according to the petitioners the said provision is violative of Articles 14 and 15 of the Constitution of India inasmuch as it:a) discriminates against a Christian vis-a-vis non-Christians;b) discriminates against testamentary disposition

Annu Verma and ors. Vs. Maheshwar Prasad Verma,

Court : Patna

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 30; Indian Succession Act, 1925 - Sections 63, 64, 230, 280 and 281; Code of Civil Procedure (CPC) - Rules 14 and 15

15.7.1990. In this connection, learned Counsel for the petitioners-plaintiffs has further referred to Section 64 of the Indian Succession Act, 1925 to submit that the Power of Attorney dated 4.6.1990. Exhibit-8, referred to in the Will dated 15.7.1990, Exhibit-1

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 … is to take place is not specified, unless a contrary intention appears from the terms of the transfer.20. Section 15 shows that a gift to unborn persons may be made to a class of such persons, since it

Commissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...

Court : Supreme Court of India

Subject : CivilProperty

Acts : Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962

Reported in : AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505

was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the … vested in the executors, the eviction proceedings under the 1973 Act were not maintainable. However, in view of Section 15 of the 1973 Act, the High Court held that the suit filed by respondent No. 1 was not

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 … Deshpande, J.1. This appeal raises an important question as to whether the words 'assign' and 'transfer' in Section 15 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent

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 … upon its introduction?3. Did the substantive provisions contained in the aforesaid notification constitute breach of Articles 14 and 15 of the Constitution of India and thus become unconstitutional by application of the doctrine of eclipse enshrined in

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Property

Acts : Succession Act, 1925 - Sections 118; Constitution of India - Articles 14, 15, 25 and 26

Reported in : AIR1999Ker93

of 1996. The petitioners in both the Original Petitions are Christians. Aggrieved against Section 118 of the Indian Succession Act, 1925, they have filed the Original Petitions to declare the said provision as unconstitutional, discriminatory, arbitrary and violative of … case was the constitutional validity of one paragraph of a notification issued by the State of Rajasthan under Section 15 of the Police Act under which the 'harijan' and 'muslim' inhabitants of the villages, in which an additional