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Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.
Supreme Court of India
May-10-1963
FamilyProperty
Indian Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; Code of Civil Procedure (CPC), 1908 - Sections 48 and 141 - Order XXXVIII; Limitation Act, 1877; Arbitration Act; Bengal Civil Court Act, 1871- Sections 12; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Indian Succession Act, 1925 - Sections 192-195; Bengal Wills and Intestacy Regulation, 1799 - 2, 3, IV and V; Mahomedan Law; Bengal Wills and Intestacy Regulation, 1793 - Sections 2 and XIX; Central Provinces Laws Act, 1876; Railway and Canal Traffic Act, 1854 - Sections 16
AIR1965SC540; [1964]4SCR69
have issued it to apply to such a case. Then it was said that ss. 192-195 of the Succession Act, 1925 impliedly repeated s. 4 of the Regulation. These sections of the Succession Act no doubt Act no doubt … was amended in 1948 and now there are two articles, namely, Arts. 158 and 178 which deal with applications under the Arbitration Act and licence, … Diwani Adalat in the execution of wills and administration to the estate of persons dying intestate." The first section is in the nature or a preamble, and so far as relevant,sets out the object of the Regulation
Tag this Judgment! AI Brief & AskRaichand Dhanji Vs. Jivraj Bhavanji
Mumbai
Dec-03-1930
Family
(1931)33BOMLR1372
the negative.5. [The rest of the judgment is not material to this report.] Indian Succession Act (XXXIX of 1925), Section 213- Will-Probate-Person claiming under a will should obtain probate-Practice- Bombay High Court. The grant of probate of a … her own right under the will and as the heir of Champubai. under Section 213 of the Indian Succession Act no right as executor or legatee can be established in any Court of justice unless a competent Court … appeal Court in Jamsetji Nassarwanji v. Hirjibhai Naoroji ILR (1912) 37 Bom. 158, 15 Bom. L.R. 192. In that case it was held that an
Tag this Judgment! AI Brief & AskKalinath Chatterjee Vs. Nagendra Nath Chatterjee
Kolkata
Apr-09-1957
CivilLimitation
Succession Act, 1925 - Section 276; ;Limitation Act, 1908 - Section 29 - Schedule - Articles 158, 178 and 181
AIR1959Cal81,62CWN791
Gupta further contended before us that an application for probate is regulated by a special Act, that is, Succession Act and he drew our attention to Sections 268, 275 and 276 of the said Act, particularly, to Section … noted that the Will in question was executed on the 30th May, 1925. The testator died on the 30th October 1931. The present application for … is confined to applications under the Code of Civil Procedure. Schedule 4 of the Arbitration Act, 1940, amended Section 158 and Section 178 of the Indian Limitation Act and made those Articles applicable to certain proceedings under the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another
Guwahati
Sep-14-2012
Land Acquisition
1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned … 104 to 113, Sections 126 to 129, Sections 136, 137, 138, 140, Sections 152, 154 to 156, Sections 158 to 166, Sections 222 to 242, Sections 244, 245, 247 to 249, Sections 251 to 263, Section 264
Tag this Judgment! AI Brief & AskShirish Popatlal Shah Vs. Arun Popatlal Shah
Mumbai
Jul-08-2016
Land Acquisition
A Will is proved if it meets the requirements of Sections 59, 61 and 63 of the Indian Succession Act, 1925. Section 59 says that a Will can be validly made by any adult of sound mind. The testamentary or … entirely. The final decision is always that of the Court (Delhi Administration v Pali Ram, (1979) 2 SCC 158). 39. I find little evidence to support Mr. Narula s submissions. Some discrepancies are inevitable, and allowance must
Tag this Judgment! AI Brief & AskSolomon and ors. Vs. Muthiah and ors.
Chennai
Nov-04-1970
Property
(1974)1MLJ53
III of 1951), which came into force on 1st April, 1951. it was the provisions of the Indian Succession Act, 1925 that applied to the succession to the property of Swaminathan which opened on his death on 29th May, … High Court in Napen Bala Debi v. Siti Kanta Banerjee 15 Cal.W.N. 158. The interpretation put in those cases on Section 2 of the Indian … Muthammal did not have an absolute interest in the immovable properties inherited from her husband Swaminathan, but under Section 17 of the said Regulation, she was entitled to an absolute right in respect of the movables and
Tag this Judgment! AI Brief & AskPuttamma and ors. Vs. K.L.Narayana Reddy and anr.
Supreme Court of India
Dec-09-2013
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. … of argument learned counsel for the appellants insisted to issue a direction on the authority to comply with Section 158 (6) and 166 (4) of the Act, 1988. Further prayer was made to direct the Central Government to
Tag this Judgment! AI Brief & AskNagappa Vs. Gurudayal Singh and ors.
Supreme Court of India
Dec-03-2002
Motor VehiclesCivil
Code of Civil Procedure (CPC), 1908 - Order 6, Rule 17; ;Motor Vehicles Act, 1988 - Sections 158(1), 158(4), 158(6), 166, 168 and 169; ;Karnataka Motor Vehicles Rules, 1989 - Rules 253 and 254
2003ACJ12; AIR2003SC674; 2003(1)AWC694(SC); (2003)1GLR897; [2003(1)JCR120(SC)]; JT2002(10)SC144; 2003(1)KLT115(SC); (2003)2SCC274; 2003(1)LC159(SC); 2003(2)WLN720; MANU/SC/1107/2002
him. For cancellation of his appointment, principles of natural justice is not required to be complied with. INDIAN SUCCESSION ACT (39 OF 1925), Sections 372 & 381: Grant of Succession Certificate Held, A succession certificate can be granted … provides that 'the Claims Tribunal shall treat any report of accidents forwarded to it under Sub-section (6) of Section 158 as an application for compensation under this Act.' Hence, Claims Tribunal in appropriate case can treat the report
Tag this Judgment! AI Brief & AskHem Singh Vs. Mahant Basant Das
Mumbai
Jan-23-1936
Civil
(1936)38BOMLR479
v. The Collector, Rangoon (1912) L.R. 39 I.A. 197 : s.c. 14 Bom. L.R. 833, distinguished. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … the ordinary incidents of litigation.6. Again in Maung Ba Thaw v. Ma Pin (1934) L.R. 61 I. A. 158 : 36 Bom. L.R. 427, the Provincial Insolvency Act, 1920, having provided first that the decision of the
Tag this Judgment! AI Brief & AskG.Aravind Kumar Vs. Md Sadat Ali and Another
Andhra Pradesh
Sep-30-2010
Motor Vehicles
Motor Vehicles Act, 1988 - Section 166, 149; Evidence Act, 1872 - Section 73
on certain causes of action. According to Section 155, notwithstanding anything contained in Section 306 of the Indian Succession Act, 1925 (39 of 1926), the death of a person in whose favour a certificate of insurance had been issued, … provides that "the Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of Section 158 as an application for compensation under this Act." Hence, Claims Tribunal in appropriate case can treat the report
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