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Ganganapalli Moorthanna Vs. Ganganapalli Chinna Ankiah and ors.
Andhra Pradesh
Aug-13-1974
Trusts and Societies
Trusts Act, 1882 - Sections 6; Succession Act, 1925 - Sections 159; Hindu Law; Evidence Act, 1872 - Sections 115; Limitation Act, 1963 - Sections 64 and 65
AIR1975AP97
not invalidate 'will' - held, will and trust are enforceable. (ii) Enforceability of trust - Section 159 of Succession Act, 1925 - testatrix gifted some property included in trust - disposal of part of property did not made trust
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. P. Visalakshi
Chennai
Mar-21-1995
Direct Taxation
Income Tax Act, 1961 - Sections 2(29), 9, 26, 28, 159 and 160; Gift Tax Act, 1958 - Sections 4
(1996)130CTR(Mad)488; [1996]217ITR282(Mad)
the Expln. to s. 168 of the IT Act, 1961, means an executor as known under the Indian Succession Act, 1925, as well as an administrator known under the Indian Succession Act and, what is more, any other person … special cases of tax liability and incorporates a general provision under s. 159 falling under the said Chapter that where a person dies, his legal … during the previous year in which his death took place. (2) The assessment of an executor under this section shall be made separately from any assessment that may be made on him in respect of his own
Tag this Judgment! AI Brief & AskNavnit Lal Sakarlal Vs. Commissioner of Income-tax
Supreme Court of India
Oct-29-1991
Direct TaxationFamily
Income-tax Act, 1961 - Sections 53, 55, 159, 168 and 256(1); Succession Act, 1925 - Sections 211(1), 332, 333 and 366
AIR1992SC466; (1991)100CTR(SC)125; [1992]193ITR16(SC); JT1991(4)SC186; 1991(2)SCALE893; (1992)1SCC185; [1991]Supp1SCR585
clearly enunciated by Viswanatha Sastri, J. in Raghavalu Naidu, cited earlier, in these words:Chapter VII of the Indian Succession Act, 1925, succinctly defines the duties of executOrs. Shortly stated, it is their duty to clear the estate - to … High Court, was as to whether Sakarlal Balabhai could be treated as an 'executor' within the meaning of Section 159 of the Income Tax Act, 1961, considering that the will had not named any executor and that Sakarlal
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H.H. Maharani Vijaykunverba Saheb Vs. Commissioner of Income-tax, Guja ...
Gujarat
Aug-14-1981
Direct Taxation
Income Tax Act 1961 - Sections 159, 168, 168(1), 168(2) and 168(4)
(1982)1GLR212; [1982]136ITR18(Guj)
the relevant provisions of the income-tax were required to be read along with the provisions of the Indian Succession Act, 1925, and that since under the latter Act, only such estate vested in legal ownership in the executors in … v. James Anderson : [1964]51ITR345(SC) ). 20. In the present Act, s. 159 replaced s. 24B and it provides a machinery for the assessment of … is the income of the 'estate' of a deceased person and 'estate' for the purposes of the said section would mean the whole and not part of the estate, (iv) there was only one assessable entity, namely,
Tag this Judgment! AI Brief & AskLokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.
Orissa
Jun-17-2004
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; India Succession Act, 1925 - Sections 384 and 388; Orissa Civil Court's Act, 1984 - Sections 16, 18 and 20
AIR2004Ori176; 98(2004)CLT328
Nos. 1 and 2 filed Misc. Succession Case No. 60 of 1994 under Section 383 of the Indian Succession Act, 1925 (in short, 'the Succession Act') for revocation of the succession certificate granted by the Civil Judge (Senior Division), … made by the High Court with the previous sanction of the State Government. Therefore, as per Notification No. 159 of November, 1961 of the High Court of Orissa such authorisation has been made in favour of all
Tag this Judgment! AI Brief & AskCauvery Belliappa (Since Deceased) By L.Rs. and Another Vs. B.B. Cheng ...
Karnataka
Jul-15-2015
Land Acquisition
as the proof of the Will is concerned, he would point out that Section 63 of the Indian Succession Act, 1925 requires a Will to be attested by two witnesses. In the present case on hand, it cannot be … SCW 6523; 2. Pentakota Satyanarayana's case; 3. Sridevi and Others v Jayaraja Shetty and Others 2005(2) Kar. L.J. 159 (SC) : AIR 2005 SC 780: 2005 AIR SCW 605 : (2005)2 SCC 784. In this regard, the
Tag this Judgment! AI Brief & AskCommissioner of Income-tax, Shilong Vs. Jai Prakash Singh
Supreme Court of India
Mar-13-1996
Direct Taxation
Income-Tax Act, 1961 - Sections 2(29), 43(2), 139(4), 142(1), 143(2), 159, 162 and 167; Code of Civil Procedure (CPC) , 1908 - Sections 2(11); Indian Income Tax Act, 1922 - Sections 3, 4, 22(1), 24-B, 34 and 38; Excess Profits Tax Act
1996IIIAD(SC)118; AIR1996SC1303; (1996)132CTR(SC)262; [1996]219ITR737(SC); JT1996(3)SC356; 1996(2)SCALE832; (1996)3SCC525; [1996]3SCR377
Also to current assessment years. A. Y. : 1965-66 to 1967-68 Income Tax Act 1961 s.159 - INDIAN SUCCESSION ACT (39 OF 1925), Section 276: [S.B. Sinha, Lokeshwar Singh Panta & B. Sudershan Reddy, JJ] Forgery of Will
Tag this Judgment! AI Brief & AskSupriyo @ Supriya Chakraborty Vs. Union Of India
Supreme Court of India
Oct-17-2023
Land Acquisition
any person whose marriage is solemnized under this Act shall be regulated by the provisions of the Indian Succession Act 1925. Section 21A provides a special provision in certain cases. The provision states that Sections 19, 20 (to the extent … prominent effects of classifying actions as ‘private’ is that such actions are protected from regulation by the State. 159 Paragraphs 90 and 157 and conclusion (F) of Justice DY Chandrachud’s opinion; paragraph 46 of Justice RF Nariman’s
Tag this Judgment! AI Brief & AskV. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .
Supreme Court of India
Jul-17-2020
Land Acquisition
life estate holder. In this context, no doubt, we must clarify one aspect. Section 119 of the Indian Succession Act, 1925 (hereinafter referred to as the “Indian Succession Act’, for short) deals with the date of vesting of legacy … it as implicit in the concept of declaration. Sadasiva Iyer, J., in Soun-dararaian v. Arunachalam Chetty [(1915) ILR39Mad 159 (PC)]. said that the expression “clearly expressed” used by the Privy Council in Suraj Narain v. Iqbal Narain
Tag this Judgment! AI Brief & AskAsstt. Commissioner of Wealth Tax Vs. Smt. Mrunalinidevi Puar of Dhar
Income Tax Appellate Tribunal ITAT Indore
May-30-2006
Direct Taxation
(2007)106ITD541Indore
Act so in order to find out its true meaning aid is necessarily to be taken from Indian Succession Act 1925 in which "executor" is defined as "a person to whom the execution of the last will of the … taxation of the income of the deceased can be made to Sections 159 to 168. In the present case, Section 168 which is a complete … in all these appeals.4. The Hon'ble High Court further noted that the appeal filed by the revenue under section under Section 27-A of the Wealth Tax Act against an order, dated 27/10/98, passed by I.T.A.T. in W.T.A.
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