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National Insurance Company Ltd. Vs. P.C. Chacko and Others
Kerala
Jul-22-2011
Land Acquisition
In this view of the matter following the principles under Chapter II of Part V of the Indian Succession Act, 1925, claimant is the only legal heir of his deceased daughter and grandchild. No dispute is raised on that … and not by mechanical equal division among all legal heirs, true to the basic mandate to them under Section 165 of the M.V Act - to be just, fair and reasonable. 35. We come back to the facts
Tag this Judgment! AI Brief & AskAbha Dastane-Rao and Another Vs. Prabhakar Deolankar and Others
Mumbai
Feb-17-2016
MRTP
their position. If they have chosen not to do so, the consequences are of their own making. Indian Succession Act, 1925 Section 301 Removal of executor Petitioner sought to remove first Respondent as executor of Will said to have been … Das and Ors., AIR 1940 Cal 264; Mihir Kumar Gooha v Registrar of Trade Unions, AIR 1961 Cal 165; V.). 22. What is it exactly of which Deolankar stands accused? Mr. Damle has tendered a number of
Tag this Judgment! AI Brief & AskGms Marine Company Limited Vs. the Owners and Parties Interested in th ...
Kolkata
May-07-2010
Civil
Commercial Documents Evidence Act, 1939 - Section 3; ;Evidence Act, 1872 - Sections 4, 9, 41 and 165; ;Industrial Disputes Act; ;Arbitration Act, 1940 - Sections 14, 14(2) and 17; ;Government of India Act, 1935 - Section 176; ;Government of India Act, 1915 - Section 32; ;Government of India Act, 1858 - Section 65; ;Colonial Court of Admiralty Act, 1890; ;Merchant Shipping Act - Sections 443, 443(3) and 444; ;Civil Jurisdiction and Judgments Act, 1982 - Section 34; ;Admiralty Act, 1988; ;Succession Act, 1925 - Section 118; ;Companies Act, 1956; ;Arbitration and Conciliation Act, 1996; ;Foreign Sovereign Immunities Act, 1976; ;Code of Civil Procedure (CPC) , 1908 - Sections 6, 9, 16 to 20, 83 to 87A, 87B, 112, 112(2) and 141 - Order 1, Rule 8 - Order 7, Rule 11 - Order 41, Rule 27; ;Civil Pr
In that case the Supreme Court referred to the history behind the incorporation of Section 118 of the Succession Act, 1925 and struck it down as being violative of Article 14 of the Constitution. This plaintiff has referred to … is not bound to follow that precedent because by following the precedent the Judge would act contrary to Section 165 of the Indian Evidence Act, and would also violate the oath of office taken by him when entering
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Subara Bi @ Tharama Bi Vs. Bhasheeria,
Chennai
Mar-29-2010
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 149(2), 163, 163A, 165, 166, 166(1), 168, 169, 170 and 173; ;Motor Vehicles Act, 1939 - Section 110A and 110C; ;Indian Succession Act, 1925 - Section 306; ;Evidence Act, 1872 - Sections 74 and 77; ;Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 27
injuries sustained were because of accident due to use of motor vehicle for claiming compensation - Held: yes.Succession Act, 1925, Section 306 - Actio personalis moritur cum persona - Abatement - Whether the claim of the injured for the … that death of injured was due to injuries sustained by him in accident.Motor Vehicles Act, 1988, Sections 163-A, 165 and 166 - Claim application - Maintainability of - Whether the claimant has to prove with cogent, plausible
Tag this Judgment! AI Brief & AskN.R. Patel and Co., Rep. by Its Partner and ors. Vs. Smt. T. Aparna an ...
Andhra Pradesh
Apr-27-2006
Motor Vehicles
Motor Vehicles Act, 1939 - Sections 110A, 110A(1), 149(2), 163A, 165, 166 and 170; Indian Succession Act, 1925 - Sections 306
IV(2006)ACC488; 2006ACJ2719; 2006(4)ALD130; 2006(3)ALT657
not survive and does not pass over to his legal representatives in view of Section 306 of the Succession Act, 1925. However, the claim under the Act also relates to the estate of the deceased, the action survives on … they represent the deceased or his legal representatives,28. When one carefully looks to the contexts of Sections 163-A, 165 and 166 of the Act, one finds that the claimant has to prove, with reference to cogent, plausible
Tag this Judgment! AI Brief & AskSmt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...
Mumbai
Feb-14-2014
Land Acquisition
Court Act,1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925. 2. The declaration and consequential reliefs have been sought in the following facts and circumstances: A) On 25.3.1997, … from the judgment of the Kerala High Court in P.S. Menon v. State of Kerala (AIR 1970 Kerala 165): œThis doctrine was engrafted as matter of policy and necessity to protect the interest of the public and
Tag this Judgment! AI Brief & AskSmt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...
Mumbai
Feb-14-2014
Land Acquisition
Court Act,1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925. 2. The declaration and consequential reliefs have been sought in the following facts and circumstances: A) On 25.3.1997, … from the judgment of the Kerala High Court in P.S. Menon v. State of Kerala (AIR 1970 Kerala 165): œThis doctrine was engrafted as matter of policy and necessity to protect the interest of the public and
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 … made the provisions of Part VI which are set out in schedule III to the Act applicable to 165 CIVIL APPEAL NOS.1021-1026 OF2013 ETC. all wills and codicils made by any Hindu, Buddhist, Sikh or Jain made
Tag this Judgment! AI Brief & AskLaxmi Bai (Smt.) Vs. State of Chhattisgarh and ors.
Chhattisgarh
May-05-2009
Property
2009(3)MPHT68(CG)
death of the testator, as a 'Will' is revocable at any time. Section 2 (h) of the Indian Succession Act, 1925 defines 'Will' as under:2. (h) 'Will' means the legal declaration of the intention of a testator with respect … settle her properties in her life time itself, on 26-7-2001 (Annexure P-1) the petitioner moved an application under Section 165 of the Chhattisgarh Land Revenue Code, 1959 (for short 'Land Revenue Code') before the Collector, Mahasamund, seeking permission
Tag this Judgment! AI Brief & AskSobat Singh Vs. Ramesh Chandra Gupta and anr.
Delhi
Nov-07-2014
Land Acquisition
of the injured The Law Commission in its 178thReport recommended the amendment to Section 306 of the Indian Succession Act, 1925 as well as Section 166 of the Motor Vehicles Act, 1988 to provide for initiation/continuation of proceedings by … 166: An application for compensation arising out of an accident of the nature specified in Subsection (1) of Section 165 may be made(a) by the person who has sustained the injury; or (b) by the owner of the
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