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Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

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 … held that the application by the respondent Rupendra was barred under Art. 181 of the First Schedule to the Limitation Act. The Respondent Rupendra moved … Diwani Adalat in the execution of wills and administration to the estate of persons dying intestate." The first section is in the nature or a preamble, and so far as relevant,sets out the object of the Regulation

R. Ramachandran Vs. G. Hariharan

Court : Chennai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 263 and 317; Madras High Court Original Side Rules, 1956 - Order14, Rule 8 - Order 25, Rule 62; Tamil Nadu Court fees and Suit Valuation Act, 1955 - Sections 55 to 59; Evidence Act, 1872; Income-tax Act, 1961; Probate and Administration Act - Sections 50

Reported in : (2001)2MLJ417

of O.S. Rules read with Order 25 Rule 62 of O.S. Rules and Section 263 of the Indian Succession Act, 1925 and Order 14, Rule 8 read with order 25 Rule 62 of O.S. Rules respectively by a common … ORDERA.S. Venkatachalamoorthy, J.1. The learned single Judge dismissed the applications 181 and 182 of 2000 in O.P.284 of 1991 filed by the appellant under Order 14, Rule 8 of

Chandra Kishore Dikshit Son of Sri Kewal Krishna Dikshit Alias Babu Ra ...

Court : Allahabad

Subject : FamilyLimitation

Acts : Indian Succession Act, 1925 - Sections 2, 47, 57, 276, 278, 278(1) and 298; Limitation Act, 1963 - Sections 2 - Schedule - Article 137; Limitation Rules - Rules 7 and 39; Limitation Act - Schedule - Article 181

Reported in : AIR2006All86

made in the suit. The Court also declines to exercise its discretion under Section 298 of the Indian Succession Act 1925 to grant the relief.28. The Suit is dismissed. The defendant shall be entitled to the cost of the … Kunha Liumma : [1977]1SCR996 in which it was held that Article 137 has made a departure from Article 181 of the old Limitation Act. Sections 2(a) and Section 2(b) of the Limitation Act 1963, have been amended

Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 2, 232, 264 and 278; Limitation Act, 1963 - Sections 4 and 5 - Scheudle - Articles 113, 120 and 137; Limitation Act, 1908 - Scheudle - Article 181; Code of Civil Procedure (CPC) , 1908; Telegraph Act

Reported in : AIR2008SC2058; 2008(2)AWC2024(SC); (SCSuppl)2008(2)CHN197; 2008(2)CTC850; 2008(2)KLT296(SC); (2008)4MLJ239(SC); 2008(6)SCALE112; (2008)8SCC463; 2008AIRSCW2726; 2008(8)SCC463; 2008(3)ICC263; MANU/SC/7451/2008

duty because of the nature of the proceedings it is a continuing right - Appeal dismissed. - INDIAN SUCCESSION ACT, 1925. Section 278: [Dr. Arijit Pasayat & P. Sathasivam, JJ] Application under Limitation Held, Any application to Civil Court made … the change in the collocation of words in Article 137 of the Limitation Act, 1963 compared with Article 181 of the 1908 Limitation Act shows that applications contemplated under Article 137 are not applications confined to the

Abdulsakur Haji Vs. Abubakkar Haji Abba

Court : Mumbai

Subject : Family

Reported in : AIR1930Bom191; (1930)32BOMLR215

valid-Legacy-Contingent event-Marriage of legatee-Legatee marrying in the lifetime of testatrix -Legacy not valid- Indian Succession Act (XXXIX of 1925), Section 128.;A testatrix of the Cutchi Memon caste directed by her will : ' As to whatever may remain … married although that occurred in the lifetime of the testatrix. He relies upon Section 128 of the Indian Succession Act, illustration (6), He has relied also on the case of Park, In re: Bott v. Chester [1910] 2 … a contingency. In Advocate-General of Bombay v. Jimbabai I.L.R. (1915) 41 Bom. 181 Mr. Justice Beaman had before him the case of a will made

Kalinath Chatterjee Vs. Nagendra Nath Chatterjee

Court : Kolkata

Subject : CivilLimitation

Acts : Succession Act, 1925 - Section 276; ;Limitation Act, 1908 - Section 29 - Schedule - Articles 158, 178 and 181

Reported in : AIR1959Cal81,62CWN791

Gupta further contended before us that an application for probate is regulated by a special Act, that is, Succession Act and he drew our attention to Sections 268, 275 and 276 of the said Act, particularly, to Section … law of limitation. It should be noted that the Will in question was executed on the 30th May, 1925. The testator died on the 30th October 1931. The present application for probate was made on the 17th … was made, was barred by the law of limitation, urged that Article 181 of the Limitation Act would apply to an application for probate. Mr.

Krishna Kumar Sharma Vs. Rajesh Kumar Sharma

Court : Supreme Court of India

Subject : FamilyLimitation

Acts : Indian Succession Act, 1925 - Sections 2, 264 and 276; Limitation Act, 1963 - Sections 4 and 5 - Schedule - Articles 113 and 137; Limitation Act, 1908 - Schedule - Articles 120 and 181; Telegraph Act; Code of Civil Procedure (CPC)

Reported in : AIR2009SC3247; 2009(4)ALT13; 2009(3)AWC2237(SC); JT2009(4)SC533; 2009(2)KLT149(SC); 2009(5)SCALE286; (2009)11SCC537:2009AIRSCW3275

other siblings of the appellant contested the petition moved by the appellant under Section 276 of the Indian Succession Act, 1925 (in short the `Act').The basic question before the High Court was whether Article 137 of the Indian Limitation … the change in the collocation of words in Article 137 of the Limitation Act, 1963 compared with Article 181 of the 1908 Limitation Act shows that applications contemplated under Article 137 are not applications confined to the

Umed Chand Golcha Vs. Dayaram and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2001ACJ966

survives to the legal representatives being not covered by the exceptions contained in Section 306 of the Indian Succession Act, 1925. The court in para 8 said:(8) ...The principle of actio personalis moritur cum persona relates only to the … loss caused to the estate of the deceased. 14. In Ghisalal deceased through LRs v. Nihalsingh 1992 ACJ 181 (MP), the single Bench of this court held that the award of compensation made in favour of the

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

Subject : Land Acquisition

out of the above said decisions, it is necessary to take notice of the relevant provisions in the Succession Act, 1925. Section 266 of the Act provides that the District Judge shall have, in relation to the granting of Probate … the change in the collocation of words in Article 137 of the Limitation Act, 1963 compared with Article 181 of the 1908 Limitation Act shows that applications contemplated under Article 137 are not applications confined to the

Paru Kutty Amma and ors. Vs. Chettath Navoth Lakshmi Amma and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 180; Transfer of Property Act, 1882 - Sections 35

Reported in : AIR1954Mad556

with costs to be paid by respondents 1 to 4. Property - contesting Will - Section 180 of Succession Act, 1925 and Section 35 of Transfer of Property Act, 1882 - revision petition against Order of Subordinate Judge directing … or did not believe that which he professed to dispose of by his will to be his own. Section 181 lays down that, 'An interest relinquished in the circumstances stated in Section 180 shall devolve as if it