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Jun 17 2004

Lokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.

Court : Orissa

Decided on : Jun-17-2004

Subject : Civil

Acts : 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

Reported in : 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), … learned District Judge, Sambalpur had no pecuniary jurisdiction to entertain an appeal in view of the provision in Section 16 of the Orissa Civil Courts Act, 1984 (in short, 'the Act, 1984') and Section 384 of the Succession

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Mar 15 2001

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Decided on : Mar-15-2001

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940 - Sections 17, 30, 33, 34, 36, 39 and 41; ;Indian Succession Act, 1925 - Sections 211, 211(1), 213, 213(1), 299, 305, 307 and 307(1); ;Indian Succession Act, 1865 - Section 187; ;Evidence Act, 1872 - Sections 92 and 118; ;Indian Contract Act - Section 23; ;Probate Act - Section 187; ;Limitation Act, 1963 - Section 16; ;Limitation Act, 1908 - Section 17 and 17(1)

Reported in : AIR2001Cal122,(2001)3CALLT218(HC)

with a copy of an authenticated copy of the will annexed.'21. Prior to coming into force of Indian Succession Act, 1925, there was Indian Succession Act of 1865 and Section 187 thereof contained an identical provisions which is set … by an executor of an unprobated Will is not barred would further be evident from the provisions of Section 16 of Limitation Act, 1963 equivalent whereof was Section 17 in the earlier Act of 1908. In this regard

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Nov 05 1991

Doggupati Tirupalamma Vs. K.M. Subbamma

Court : Andhra Pradesh

Decided on : Nov-05-1991

Subject : Family

Acts : Succession Act, 1925 - Sections 371, 388 and 388(1); Andhra Pradesh Civil Courts Act, 1972 - Sections 16(2)

Reported in : AIR1992AP222

application is erroneous, the same can be corrected in revision. Hence this revision petition was filed.2. Section 371, Succession Act, 1925 (for short 'the Act') provides that the District Judge within whose jurisdiction the deceased ordinarily resided, at the … Part X of the Act, it can entertain a proceeding involving an amount which exceeds its pecuniary jurisdiction, Section 16(2) of A. P. Civil Courts Act limits the jurisdiction of the Munsif Court not only in regard to

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Dec 21 1953

Mst. Allah Bandi and anr. Vs. Govt. of Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Dec-21-1953

Subject : FamilyConstitution

Acts : Constitution of India - Articles 5 and 7; Succession Act, 1925 - Sections 16

Reported in : AIR1954All456

to costs. Family - citizenship - Articles 5 and 7 of Constitution of India and Section 16 of Succession Act, 1925 - minor married girls - residents of India left for Pakistan with their parents in 1947 - husbands

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Oct 19 2000

G. Nirmalamma and Others Vs. G. Seethapathi and Others

Court : Andhra Pradesh

Decided on : Oct-19-2000

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5(1), 6 and 16(1 and 3); Indian Succession Act, 1925 - Sections 372 and 384; Hindu Succession Act, 1956 - Sections 3(1), 8, 10, 15 and 16; Code of Civil Procedure (CPC), 1908 - Order 41, Rule 1; Marriage Laws (Amendment) Act, 1976 - Sections 16(1)

Reported in : 2000(6)ALD487; 2000(6)ALT513

1. This Civil Miscellaneous Appeal No. 1645 of 1997 was field under Section 384 of Indian Succession Act, 1925 read with Order 41, Rule 1 of the Code of Civil Procedure against the judgment and decree in … Patail and another v. Smt. Dagubai Tukaram Patil and others, : AIR1987Bom182 , wherein a matter arose under Section 16 of the Hindu Succession Act, 1956. In the above case, Tukaram married Dagubai and she got three children

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Dec 03 2019

Rohinton Edalji vs.arvind Rai & Ors

Court : Delhi

Decided on : Dec-03-2019

Subject : Land Acquisition

the impugned order dated 13th August, 2018, by which the... Petitioner’s application under Section 195 of the Indian Succession Act, 1925, for appointment of a Curator, was rejected by the ld. Trial Court.2. The background of the present proceedings … March, 2018, in Delhi. He used to reside in the suit property. CM (M) 1307/2018 Page 1 of 16 3. After the death of Mr. Hoshang Edalji, disputes arose between the... Petitioner and his family and Respondent

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Sep 28 2000

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Decided on : Sep-28-2000

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of … presented a petition in Allahabad High Court for grant of probate on 16.9.1960, which was registered as Testamentary Case No. 10 of 1960, Para 6

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May 10 1963

Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

Decided on : May-10-1963

Subject : FamilyProperty

Acts : 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

Reported in : 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 … this clause is not contained in a separate section by itself, but is contained at the end of section 16 ; and therefore it is said that it is to be confined to the subject matter to which

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Sep 23 2013

ShirIn Baman Faramarzi of Bombay Zoroastrian Iranian Inhabitant Vs. Zu ...

Court : Mumbai

Decided on : Sep-23-2013

Subject : Education

at the stage of trial of the petition/suit. 8. Ms. Iyer placed reliance on section 222 of Indian Succession Act, 1925 in support of her submission that the probate can be granted only to the executor appointed by the … 4 SCC 634, the Supreme Court was considering whether a petition filed before the District Judge under section 16(3) of the Indian Telegraph Act, 1885 claiming an enhancement of compensation was barred by Article 137 of the

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Nov 05 1991

D. Tirumalamma Vs. M. Subbamma

Court : Andhra Pradesh

Decided on : Nov-05-1991

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 371 and 388; Andhra Pradesh Civil Courts (Amendment) Act, 1989 - Sections 16(2); Code of Civil Procedure (CPC) - Sections 115

Reported in : 1992(1)ALT510

is erroneous, the same can be corrected in revision. Hence this revision petition was filed.2. Section 371, Indian Succession Act, 1925 (for Short 'the Act') provides that the District Judge within whose jurisdiction the deceased ordinarily resided at the … value of the subject matter of the same does not exceed Rs. 25,000/- as laid down under Section 16(2) A.P. Civil Courts Act as amended by A.P. Act 30/89. Relying upon the said provision, the learned District

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