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Smt. Saroj Gupta W/O Dev Nath Gupta and Rama Shankar Gupta S/O Tribhuw ...

Court : Allahabad

Subject : Criminal

Acts : Succession Act, 1925 - Sections 306; Indian Penal Code (IPC) - Sections 406, 420, 467, 468, 471, 493 and 496; Code of Criminal Procedure (CrPC) - Sections 156(3), 200, 202, 205, 244, 245(2), 249, 252, 256, 256(1), 302 and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 259

Reported in : 2006CriLJ1045

complainant does not terminate a criminal prosecution. The maxim action personalis moritur cum persona of Section 306 of Succession Act, 1925 does not apply to criminal prosecutions 7. There is no provisions of abatement of inquiries and trials in … The brief facts of the case are that one Sri Ram Ratan Gupta moved an application under Section 156(3) Cr PC. and an order was passed on 28.2.2003 for registration of the first information report and to

M. Narayanamma Vs. Lakshmidevi and Others

Court : Karnataka

Subject : Land Acquisition

the subject. The relevant provisions of law are extracted hereunder for ready reference. Section 63(c) of the Indian Succession Act, 1925 “63(c). The Will shall be attested by two or more witnesses, each of whom has seen the testator … as observed by Lord Du Parcq in Harmes v. Hinkson, 50 Cal W N 895: (AIR 1946 PC 156) “where a will is charged with suspicion, the rules enjoin a reasonable skepticism, not an obdurate persistence in

In Re: Anthony Fernandes and ors.

Court : Mumbai

Subject : Civil

Acts : Succession Act, 1925 - Sections 2 and 390; Code of Civil Procedure (CPC) , 1908 - Sections 2(4)

Reported in : 1993(1)BomCR580

Shri Bapat saw me in Chamber and invited my attention to the standard commentary of Paruck's. The Indian Succession Act, 1925 (7th Edition) at page 613 reading inter alia as under :'Bombay Regulation No. VIII of 1827 is not … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Anilkumar Narharrao Satarkar and ors. Vs. Shrinivas Alias Digambar Ach ...

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 82 and 124

Reported in : 1994(2)BomCR106

first contingency and to these three plaintiffs in the second. At this juncture, section 124 of the Indian Succession Act, 1925 has to be considered. Section 124 reads thus,-'Where a legacy is given if a specified uncertain event shall … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Prabhakar S/O Chinappa Chavan Vs. State of Maharashtra

Court : Mumbai

Subject : Family

Acts : Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 8 and 29(3); Succession Act, 1925 - Sections 57 and 213(2)

Reported in : 2004(4)MhLj886

Shri Bhangde further submitted that in view of the provisions ofSection 213 read with Section 57 of Indian Succession Act, 1925 (hereinafter referred to as 'the Succession Act'), when a right as executor or legatee is to be established … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Eruch Rustom Irani Vs. Limji Kaikashroo Pandey

Court : Mumbai

Subject : Civil

Acts : Bombay High Court (Original Side) Rules - Rules 401 and 402; Code of Civil Procedure (CPC) 1908 - Sections 148A

Reported in : 1993(1)BomCR340; (1992)94BOMLR351

in the petition that the deceased left no surviving heir or next of kin according to the Indian Succession Act 1925 as applicable to the Parsis. It is further stated that the deceased died as a widow and issueless … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Rama Aziz Parpia and ors. Vs. Balkrishna K. Mehta and ors.

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 104 and 119; Bombay High Court (Original Side) Rules, 1980 - Rules 238 and 249

Reported in : 1993(1)BomCR267; (1993)95BOMLR951

are answered as follows :---Question No. 1 Yes, in view of sections 104 and 119 of the Indian Succession Act, 1925, and, particularly, following the principle indicated by the House of Lords in Cunliffe's case (supra), that the legatees … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to 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 … 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157-189 and 190.Restrictions and modifications in application of foregoing sections1. Nothing therein … 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

Devisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...

Court : Mumbai

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 6 and 30; Indian Succession Act, 1925 - Sections 63 to 68; Evidence Act, 1872 - Sections 3, 59, 60, 61 and 101

Reported in : 1996(2)BomCR183

of the Will has to be proved in accordance with the provisions of section 63 of the Indian Succession Act, 1925. Further, they have to prove that it is the last Will of the testator. It is then not … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Bandopant Sitaram Bapat by His Heirs Arun Bandopant Bapat and ors. Vs. ...

Court : Mumbai

Subject : Family

Acts : Indian Succession Act - Sections 82, 83, 84, 85, 88 and 95

Reported in : 2002(1)BomCR96; (2002)1BOMLR256; (2002)ILLJ436Bom

limited interest in the immovable properties to Bhagirathibai. Referring to Sections 82, 83, 85 and 88 of Indian Succession Act, 1925, the learned counsel for appellants submitted that the meaning of the Will needs to be collected from the … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the