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Jan 30 2006

Mrs. Madhu Kohli and anr. Vs. Mr. Suresh Khattar and anr.

Court : Delhi

Decided on : Jan-30-2006

Subject : FamilyProperty

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 18 and 169; Indian Succession Act, 1925 - Sections 90

Reported in : 128(2006)DLT117; 2006(87)DRJ343

would include bhumidhari right. It has also been brought to our notice that Section 90 of the Indian Succession Act, 1925 should also be adopted in considering the Act. The contention on behalf of the appellants is that though … Jahan Begum v. Lakhan Lal were brought to our notice explaining the nature of rights arising out of Section 18 of the Act. It was again pointed out that what is disposed of by the will is not

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Aug 18 1969

Louis Pascal Duming John Vs. Special Land Acquisition Officer

Court : Mumbai

Decided on : Aug-18-1969

Subject : Civil

Reported in : (1970)72BOMLR703

of the Land Acquisition Act, 1894, is a decree for the purposes of Section 214 of the Indian Succession Act, 1925, both by reason of the deeming fiction under Section 26(2) of the Indian Succession Act and by reason … Mody, J.1. This is a Reference under Section 18 of the Land Acquisition Act for the ascertainment of the correct amount of compensation payable in respect of

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Apr 12 2007

Thilliammal, Vs. Thandavamurthy and ors.

Court : Karnataka

Decided on : Apr-12-2007

Subject : FamilyProperty

Acts : Mysore Hindu Law Women's Rights Act,1933 -Sections 2, 3, 4, 10(1), 10(2), 11, 12, 13, 16, 17, 18, 18(1), 18(2) and 21; Indian Succession Act, 1925 - Sections 5; Karnataka Rent Control Act, 1961 - Sections 19; Hindu Succession Act, 1956 - Sections 14 and 14(1); Hindu Women's Right to Property Act, 1937; Transfer of Property Act, 1882 - Sections 43

Reported in : ILR2008KAR819; ILR2008(1)Kar819; 2008(2)KCCRSN88; 2007(6)AIRKarR397; AIR2008NOC190; 2008AIHC446(Kar)

law on the question of migration which was also argued before me.The word 'domicile' finds place in Indian Succession Act, 1925. Section 5 of the Act, 1925, declares that succession to the immovable property in India of a person deceased … a full estate. Section 17 of the Act sets out the rights of a holder of limited estate. Section 18 of the Act imposes restrictions on powers of holder of limited estate in so for as alienating the

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Aug 03 2006

Mrs. Sayeeda Shakur Khan and ors. Vs. Sajid Phaniband and anr.

Court : Mumbai

Decided on : Aug-03-2006

Subject : TenancyProperty

Acts : Special Marriage Act, 1954 - Sections 18 and 21; Indian Succession Act, 1925 - Sections 58, 213 and 213(2); Mahomedan law; Muslim Personal Law

Reported in : 2006(5)BomCR7; II(2006)DMC701

subsequently, the succession to the estate of the deceased Khatal Moosa Phaniband would be governed by the Indian Succession Act, 1925 and not the Muslim Personal Law. According to Defendant No. 1, the restriction on a Muslim to bequeath … Azambi was performed in 1926. The marriage was solemnized subsequently under the Special Marriage Act, 1954 as well. Section 18 of the Special Marriage Act, stipulates the effect of a marriage under that Act. Where a marriage is

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Jul 16 1980

Gopichand Gupta Vs. Commissioner of Wealth-tax

Court : Kolkata

Decided on : Jul-16-1980

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Section 18(1); ;Indian Succession Act, 1925 - Sections 263 and 273

Reported in : 85CWN431,[1981]132ITR308(Cal)

facts and in the circumstances of the case, the Tribunal, in view of Section 273 of the Indian Succession Act, 1925, was justified in law in holding that the said will executed by late Satyanarayan Agarwalla proved and registered … Rs. 427 (assessment year 1966-67), Rs. 3,45,716 (assessment year 1968-69) and Rs. 3,56,612 (assessment year 1969-70), under Section 18(1)(c) of the Wealth-tax Act, 1957 ?' 2. The years involved are assessment years 1962-63, 1963-64, 1964-65, 1965-66, 1966-67,

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Jun 25 1993

Smt. Karunamoyee Sett and ors. Vs. Smt. Lakshmi Rani Debi Alias Khudub ...

Court : Kolkata

Decided on : Jun-25-1993

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 265, 268, 384, 388(1) and 388(2); ;Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 18, 19, 21 and 23

Reported in : (1993)2CALLT177(HC),97CWN1107

threadbare in this context. We hold that a District Delegate exercising powers under Part X of the Indian Succession Act, 1925 dealing with Succession Certificates, being invested with such powers Under Section 388 of the Act by State Government … appeals. Mr. Roychowdhury further drew our attention to Bengal, Agra and Assam Civil Courts Act (Act 12 of 1887) and submitted that since District Delegates were deriving their authority from the District Judge himself, an appeal should

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Nov 10 1999

Nanda Kishore Mohapatra and ors. Vs. Binayak Mishra and anr.

Court : Orissa

Decided on : Nov-10-1999

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Orissa Civil Courts Act, 1984 - Sections 18 and 299; Indian Succession Act, 1925 - Sections 388(1) and 388(2)

Reported in : 89(2000)CLT438; 2000(I)OLR92

in accordance with law. At this juncture, it is relevant to have a look at the provisions of Section 18 of the Orissa Civil Courts Act, 1984, which provide as follows :'18. Proceedings under Indian Succession Act, 1925 … by the petitioners, Binayak Mishra, O.P. No. 1 herein, instituted a proceeding Under Section 276 of the Indian Succession Act, 1925 (hereinafter called 'the Act') before the District Judge, Puri, for grant of Letters of Administration in respect of

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Mar 21 1995

Smt. Suraj Devi Vs. Smt. Sita Devi

Court : Rajasthan

Decided on : Mar-21-1995

Subject : Civil

Acts : Succession Act, 1925 - Sections 63 and 276; Rajasthan High Court Ordinance, 1949 - Sections 18; Transfer of Property Act, 1882 - Sections 6; Payment of Gratuity Act, 1972 - Sections 4

Reported in : AIR1996Raj6; 1995(2)WLC640; 1995(1)WLN480

the judgment dated 4-12-93 passed by the District Judge, Jodhpur, granting Probate of a Will under the Indian Succession Act, 1925.2. The facts giving rise to the appeal, stated in brief, are that one Shri Sohan Lal expired on … trial Judge and reappreciated by the learned single Judge. We see no reason sitting in apellate jurisdiction Under Section 18 of the Rajasthan High Court Ordinance, 1949, to take a different view than the one concurrently taken by

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Sep 06 2006

Pratap Bhattacharya Vs. Asoke Bhattacharya

Court : Kolkata

Decided on : Sep-06-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Section 63; ;Evidence Act, 1872 - Sections 6, 18, 32, 33 and 68

Reported in : 2007(2)CHN243

testator with at least two attesting witnesses in accordance with the provision of Section 63(c) of the Indian Succession Act, 1925 (hereinafter referred to as the said Act).11. Respondent Asoke could not prove anything else apart from proving the … Moreover, the statement of Purna made before Ajit is also one piece of admission under the provision of Section 18 Clause (2) of the Evidence Act, since both the parties herein are deriving their interests in the subject-matter

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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), … the Munsifs have been authorised to entertain such applications within the limits of their respective pecuniary jurisdiction. But Section 18 of the Act, 1984 provides that High Court may by general or special Order authorise any Civil Judge

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