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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 … - Owner of vehicle was ex parte - Insurance company did not seek permission from the Tribunal under Section 170 - Whether insurance company gets right to defend the claim on the grounds beyond Section 149(2) when the
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 … Company did not seek any permission from the Tribunal to contest the claim on all grounds re-coursing to Section 170 of the Motor Vehicles Act. It is settled law that where the owner remained ex parte, Insurance Company
Tag this Judgment! AI Brief & AskH.S. Chetan (Since Deceased by His Lrs. Leelavathi @ Leelamma W/O. K. ...
Karnataka
Apr-12-2006
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 149, 149(2), 155, 166, 170 and 173; Motor Vehicles Act, 1939 - Sections 110A and 110C(2A); Indian Succession Act, 1925 - Sections 306; Constitution of India - Article 38
2008ACJ191; 2007(6)KarLJ381; 2007(4)AIRKarR192; AIR2007NOC1642(DB).
reported In : ILR2002KAR1864 . Our attention was drawn to the provisions of Section 306 of the Indian Succession Act, 1925 (Central Act No. 39 of 1925), Placing reliance on both these decisions, the learned Counsel assertively canvassed that … of their claim. The insurer was permitted to obtain prior permission to contest the claim as required under Section 170 of the Act. The Tribunal during fresh inquiry, received evidence as offered by the parties and passed award
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Leelavathi @ Leelamma and anr. Vs. Chandra Mouli and anr.
Karnataka
Apr-12-2006
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 149(2), 155, 166, 170 and 173; Motor Vehicles Act, 1939 - Sections 110A and 110C(2A); Indian Succession Act, 1925 - Sections 306; Constitution of India - Article 38; Indian Penal Code
ILR2007KAR2338; ILR2007(2)Kar2338; 2007(4)KCCRSN217(DB)
and Anr : ILR2002KAR1864 . Our attention was drawn to the provisions of Section 306 of the Indian Succession Act, 1925 (Central Act No. 39 of 1925). Placing reliance on both these decisions, the learned Counsel assertively canvassed that … of their claim. The insurer was permitted to obtain prior permission to contest the claim as required under Section 170 of the Act. The Tribunal during fresh inquiry, received evidence as offered by the parties and passed award
Tag this Judgment! AI Brief & AskS. Sudaramurthy and Others Vs. Saraswathi Lakshmanan and Others
Karnataka
Jul-21-2015
Land Acquisition
in favour of defendants 1 and 2 is void. Attention is drawn to Section 122 of the Indian Succession Act, 1925, which reads as follows: 122. Onerous bequests. “ Where a bequest imposes an obligation on the legatee, he … proceeded to rely upon the decision in Gopinath A vs K. Ramlingam and Others 1989 (1) Kar LJ 170 and B.S. Malleshappa vs. Koratagere B. Shivalingappa and others 2001 (4) Kar LJ 431, to conclude that the
Tag this Judgment! AI Brief & AskR. Janakiraman Vs. S. Uma Rani and Others
Chennai Madurai
Mar-30-2016
Education
C.P.C. and Sections 58,68,101 and 104 of the Indian Evidence Act, 1872 and Section 170 of the Indian Succession Act, 1925. 7. The learned counsel for the petitioner has relied on the following judgments in support of his arguments;
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
Tag this Judgment! AI Brief & AskDr. M. Ratna Vs. Kottiboyina Navaneetam (Died) and Others
Andhra Pradesh
Apr-23-1993
Family
Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68; Indian Registration Act, 1908
AIR1994AP96; 1993(2)ALT459
radio.27. Therefore, the appeal fails and is dismissed. No costs. Family - will - Section 63 (c) of Succession Act, 1925 ( suit for declaration and possession by second wife claiming suit property under Will - execution of Will … and will be negation of the intention of the Legislature and annihilate mandate of the provisions of Sections 170 and 149 of the Act. The insured can pursue appeal only after giving up the insurer as the
Tag this Judgment! AI Brief & AskKarri Nookaraju Vs. Putra Venkatarao and ors.
Andhra Pradesh
Dec-20-1972
Commercial
Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68
AIR1974AP13
parties to bear their own costs throughout. No leave.28. Appeal allowed. Commercial - will - Section 63 of Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872 - in dispute related to possession and title of land … and will be negation of the intention of the Legislature and annihilate mandate of the provisions of Sections 170 and 149 of the Act. The insured can pursue appeal only after giving up the insurer as the
Tag this Judgment! AI Brief & AskG. Narasimhulu Chetti and Others Vs. S. Pandurangaiah Chetti and Other ...
Andhra Pradesh
Jul-11-1995
Property FamilySubject:
Indian Succession Act, 1925 - Sections 74; Transfer of Property Act, 1882 - Sections 8; Indian Stamp Act
AIR1996AP24; 1995(3)ALT193
dismissed, but in the circumstances without costs.25. Appeal dismissed. Property - rule of prasenti - Section 74 of Succession Act, 1925 and Section 8 of Transfer of Property Act, 1882 - suit for title and possession of property filed … and will be negation of the intention of the Legislature and annihilate mandate of the provisions of Sections 170 and 149 of the Act. The insured can pursue appeal only after giving up the insurer as the
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