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Kunhi Lekshmi Alias Leela Amma and ors. Vs. Mrs. R. Rugmani Alias Subh ...

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 115, 192, 193 and 194; Constitution of India - Article 227

Reported in : AIR1960Ker47

one within his jurisdiction or not, it is desirable to refer to the relevant provisions of the Indian Succession Act, 1925. Section 192(1) reads:'Section 192(1). If any person dies leaving property, movable or immovable, any person claiming a right by … to whether the order dated 16-2-1959, passed by the! learned District Judge of Kozhikode summoning the respondents, under Section 194 of is Act (Act XXXIX of 1925) is one passed within his jurisdiction.2. Original Petition No. 9 of

Dwarika Nath Pahari and ors. Vs. Ganga Bishun Pahari

Court : Patna

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 193 and 194

18/2002 which was filed by the Opposite party of this civil revision under Section 192 of the Indian Succession Act, 1925 (hereinafter to be referred to as 'the Act' for the sake of brevity) claiming a right of succession … to be materially prejudiced if left to the ordinary remedy of a suit. It was further contended that Section 194 of the Act provides the procedure for proceeding in such cases, which clearly shows that the Court should

Ram Narayan Prasad and ors. Vs. Satish Chandra Gupta and ors.

Court : Jharkhand

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 192 to 194

Reported in : 2003(51)BLJR108; [2003(1)JCR326(Jhr)]

No. 227/95 whereby he has rejected the application filed by the petitioners under Section 192(1) of the Indian Succession Act, 1925.2. Petitioners filed aforementioned application under Section 192(1) of the Indian Succession Act, 1925 (in short the said Act) … invoked only when property of the deceased is in wrongful possession of some other persons. Section 192 to 194 of the said Act will not apply to a case where joint family property passes by survivorship. Summary

Vikram Singh Vs. Krishna Singh Judev and ors.

Court : Madhya Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 192, 193 and 194

Reported in : AIR1979MP145; 1979MPLJ181

issuance of notice to the applicant of an application submitted by non-applicants under Section 192 of the Indian Succession Act, 1925 (hereinafter referred to as the Act), for protection of property of the deceased Shri Raja Balbhadra Singh Judev, … and examined Laxmesh-war Singh, non-applicant No. 4 herein, and thereafter ordered issuance of summons to the applicants under Section 194 of the Act. Aggrieved by this order the present revision has been filed.3. Shri B. D. Gupta, learned

Mubarak HussaIn Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 192, 193, 194, 258, 259 and 263; Constitution of India - Article 227

Reported in : [2006(3)JCR427(Jhr)]

available under law. One J.E. Wiltshire made an application under Sections 192, 193 & 194 of the Indian Succession Act, 1925 against the heirs of Mehndi Hassan in the Court of the 1st Additional Judicial Commissioner, Ranchi in Execution … filed an application before the 2nd Additional Judicial Commissioner, Ranchi for annulment and revocation of the probate under Section 263 of the Indian Succession Act (hereinafter referred to as the said Act). The same was registered as

Rupali Mehta Vs. Smt. Tina Narinder SaIn Mehta

Court : Mumbai

Subject : Property

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 145; ;Indian Succession Act, 1925 - Sections 57, 192, 193, 194, 195, 208, 209, 217, 247, 268, 269 and 269(2); Code of Civil Procedure (CPC) - Sections 141 - Order 21 Rule 63 - Order 39

Reported in : AIR2007Bom62; 2006(6)ALLMR48; 2006(6)BomCR778; 2006(6)MhLj786

Birla v. Laxmi Devi Newar and Anr. : 2005(4)CHN544 . 5. Perusal of the preamble of the Indian Succession Act, 1925 shows that the Act has been enacted to consolidate the law applicable to intestate and testamentary succession. The … Rule 63, it can be said that where an adverse order has been passed against the plaintiff, under Section 194 of the Act, the onus lies heavily on the plaintiff to show that he has a right which

Controller of Estate Duty Vs. K. Radhakrishnan

Court : Kerala

Subject : Direct Taxation

Acts : Estate Duty Act, 1953; Indian Succession Act - Sections 82

Reported in : [1998]232ITR879(Ker)

has to be gathered by reading the whole recitals contained in the will. Section 82 of the Indian Succession Act, 1925, provided that the meaning of any Clause in a will is to be collected from the entire instrument … lean towards that construction which preserves, than towards that which destroys.'(See : Langston v. Langston [1834] 2 CL 194. The principle is in consonance with the maxim 'ut res magis valeat quam pereat' (It is better for

Mukesh Ramanlal Gokal and Another Vs. Ashok Jagjivan Gokal and Others

Court : Mumbai

Subject : Land Acquisition

respondent Nos.1 and 2. Learned counsel placed reliance on Sections 192, 193, 301, 317 and 318 of Indian Succession Act 1925 in support of his submission that respondent Nos.1 and 2 who have acted contrary to the interest of … Vs. T.C. Sidhan reported in (2004) 2 Supreme Court Cases 321 in support of his submission that under Section 194 r/w 193 of the Indian Succession Act which proceedings are in the nature of summary decision can be

Bhabatarini Debi Vs. Profulla Kumar Mukerjee and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1933Cal17,140Ind.Cas.376

the learned District Judge of Birbhum, on an application made by the petitioner Bhabatarini Debi under Section 192, Succession Act, 1925, in regard to certain moveable properties left by her mother Kiran Sasi Debi and claiming a right by … title,' and of a person 'really entitled' (Section 193), of the summary determination of 'the right to possession' (Section 194), and of 'the death of the proprietor whose property is claimed by right of succession' Section 205.2. In

Nirmaljit Kaur Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Contempt of CourtCriminal

Acts : Indian Succession Act, 1925 - Sections 63, 192, 193 and 194; Hindu Minority and Guardianship Act - Sections 9; Guardian and Wards Act - Sections 25; Contempt of Courts Act; Constitution of India - Article 32

Reported in : AIR2006SC607; (SCSuppl)2006(1)CHN79; 2006(1)CTC69; [2006(1)JCR178(SC)]; JT2005(10)SC368; 2006(I)OLR(SC)107; RLW2006(1)SC398; 2006(1)LC116(SC)

falls to the ground for want of compliance with the statutory requirement of Section 63 of the Indian Succession Act, 1925 as the Will was not attested by the two witnesses each of whom had seen the testator signing