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Adapala Subba Reddy and anr. Vs. Adapala Andemma and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 247; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 40, Rule 1

Reported in : AIR1951Mad393; (1950)IIMLJ650

objections is also dismissed with costs. Family - probate proceedings - Section 247 of Succession Act, 1925 and Section 151 and Order 40 Rule 1 of Code of Civil Procedure, 1908 - Trial Court appointed an advocate pending … or under any inherent jurisdiction of the Court. It was pointed out intar alia that under Section 247, Succession Act, 1925, pending any suit touching the validity of the will of a deceased person the Court may appoint an

Asoke Kumar Himmatsinghka Vs. Rajendra Kumar Himmatsinghka and ors.

Court : Kolkata

Subject : CivilProperty

Acts : Indian Succession Act, 1925 - Section 213; ;Code of Civil Procedure (CPC) , 1908 - Section 151 - Order 1, Rule 10; ;Constitution of India - Article 227

Reported in : 2005(3)CHN353

said suit, under Section 151 of the Code of Civil Procedure read with Section 213 of the Indian Succession Act, 1925, for stay of the said suit till the disposal of the probate proceeding in respect of the Will

Chandra Shekhar Dave Vs. Administrator General of the State of Rajasth ...

Court : Rajasthan

Subject : Family

Acts : Administrative General Act, 1963 - Sections 10; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39 and 40, Rule 1; Indian Succession Act, 1925; Rajasthan High Court Ordinance - Sections 18

Reported in : AIR2001Raj166; 2001(4)WLC673; 2001(3)WLN331

the learned Single Judge that the appellant-petitioner did not file any petition under the provisions of the Indian Succession Act, 1925 before the District Judge are not proper in the matters like thjs, as the said provisions, according to … Ihe provisions of Order 39 or Order 40 Rule 1 r/w Sec. 151 CPC even in matters of probate and granl of administration, while dealing … special appeal, the learned counsel for the appellant-petitioner has made the following two submissions:-1. That the provisions of Sec. 10 of the Act of 1963 are meant for preserving theassets of the deceased persons by getting the

Ms. Radhika Khanna Vs. State

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 276 and 278; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 23, Rule 1

Reported in : 91(2001)DLT96

Khanna (hereinafter referred to as 'petitioner') in the petition filed under sections 276 and 278 of the Indian Succession Act, 1925 which was allowed by the other dated 7th March 1994, is that Smt. Kamla Khanna, her mother and … filed by S.D.Khanna before District Judge, Delhi and application moved therein under Order 23 Rule 1 read with section 151 CPC had been filed in court on behalf of petitioner. Said petition is conspicuously silent about execution of

Smt. Rameshwari Devi Vs. Smt. Gunwanti

Court : Rajasthan

Subject : CivilCustoms

Reported in : 1986WLN(UC)200

The appellant, who is mother of deceased Sudhir Kumar submitted an application under Section 278 of the Indian Succession Act, 1925 (for short 'the Act') for the grant of Letters of Administration regarding the property of the deceased Sudhir … he declined to pass an order on the application filed under Order. XXXIX, Rr. 1 and 2 and Section 151 Cr.PC read with Section 195 of the Succession Act.3. A few facts may be recalled. One Sudhir Kumar

Ashok Kumar Nag and Another Vs. Narayan Kumar Roy

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Section 151; Constitution Of India - Article 227; Indian Succession Act, 1925 - Section 276; Evidence Act - Section 68; Succession Act - Section 63

The opposite party, the executor of the will, thereafter filed an application under Section 276 of the Indian Succession Act, 1925 for grant of probate. The petitioners opposed the application contending, inter alia, that the opposite party had no … at Calcutta in O.C. Suit No.11/2007. By the impugned order, the learned Judge rejected a petition filed under Section 151 of the Code of Civil Procedure by the petitioners, being the defendants in the suit, seeking recall of

Parimal Kr. Das and ors. Vs. Prasun Kr. Das

Court : Kolkata

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 70 and 283(1); ;Constitution of India - Article 227; ;Code of Civil Procedure (CPC) , 1908 - Section 151 - Order 1, Rule 10(2)

Reported in : (2004)1CALLT621(HC),2004(2)CHN465

deciding the above application it will be necessary to decide the scope of Section 283(1)(c) of the Indian Succession Act, 1925. Section 283(1)(c) of the said Act makes it obligatory upon the District Judge or the District Delegate to issue … the above probate proceeding to contest the grant under the provisions of Order 1, Rule 10(2) read with Section 151 of the Code. The trial Court by the order dated 18th May, 2001 has rejected the said application.

Ajit Kumar Saha Vs. Ashit Kumar Saha

Court : Kolkata

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 151 - Order 4, Rule 1 - Order 6, Rule 17 - Order 20, Rule 3; ;Indian Succession Act, 1925 - Section 276

Reported in : AIR2003Cal148,(2002)3CALLT503(HC)

is inter alia as follows; 2. The opposite party herein filed an application under Section 276 of Indian Succession Act, 1925 for grant of probate of the last will and testamen to the deceased Sudhir Chandra Saha, son of … the petitioner filed an application under Order 6 Rule 17 of the Code of Civil Procedure read with Section 151 to amend the original objection of the application for grant of probate of the Will. That the opposite

Shri Jagjit Singh and ors. Vs. Mrs. Pamela Manmohan Singh

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 242, 283, 283(1) and 284; Evidence Act; Indian Succession Act, 1865; Probate and Administration Act - Sections 69; Hindu Succession Act; Code of Civil Procedure (CPC) - Sections 151

Reported in : 2010(2)SCALE805

the parties. It is not in dispute that the parties are governed by the provisions of the Indian Succession Act, 1925 (for short, `the Act'). Section 283 of the Act reads as under:283. Powers of District Judge.- (1) In … he set aside the order passed by Additional District Judge allowing an application filed by the appellants under Section 151 of the Code of Civil Procedure (CPC) for permission to file objections in Probate Case No. 272 of

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … of the suits, but at the same time it is now well accepted position of law that Under Section 151 of the Code of Civil Procedure in appropriate cases an order for consolidation of the cases can be