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Sep 03 1965

Special Land Acquisition Officer (1) Bombay and Bombay Suburban Distri ...

Court : Mumbai

Decided on : Sep-03-1965

Subject : FamilyProperty

Acts : Land Acquisition Act, 1894 - Sections 3, 11, 18, 30 and 31(2); Succession Act, 1925 - Sections 212 and 214

Reported in : AIR1968Bom31; (1967)69BOMLR168; ILR1967Bom588

Applicability of Sections 30 and 31(2) -- Indian Succession Act (XXXIX of 1925), Sections 212, 214.;The word 'dispute' as used in Section 30 and in … is he claiming title to the amount of compensation awarded and award-able in respect of the acquisition? (8) Section 212 of the Indian Succession Act provides that no right to any part of the property of a person … that question must be decided on the relevant provisions contained in the Land Acquisition Act and the Indian Succession Act. (3) The general scheme under the Land acquisition Act, in so far is relevant for the determination of

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Aug 30 1988

Branch Manager, State Bank of India, Puri Branch Vs. Satyaban Pathal a ...

Court : Orissa

Decided on : Aug-30-1988

Subject : Commercial

Acts : Succession Act, 1925 - Sections 212(2), 214(2), 370 to 381

Reported in : AIR1989Ori236; [1991]71CompCas251(Orissa)

Lahore), which relates to letters of administration in respect of shares and held that Section 212 of the Succession Act, 1925 (hereinafter referred to as 'the Act') having made a clear provision that letters of administration is not necessary

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Dec 13 2000

Ramniklal Amritlal Shah Vs. Bhupendra Impex Pvt. Ltd. and ors.

Court : Mumbai

Decided on : Dec-13-2000

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 21(1), 111 to 114, 212 and 213; Transfer of Property Act, 1882 - Sections 4 and 44; Partition Act, 1893 - Sections 4(1); Straits Settlements Limitation Ordinance Act, 1896 - Sections 17

Reported in : AIR2001Bom224; 2001(2)ALLMR592; 2001(2)BomCR479; (2001)1BOMLR670; 2001(2)MhLj536

was quick to point out that these Judgments were rendered prior to coming into force of the Indian Succession Act. 1925. and that the language used in sections 111 to 114 of the 1925 Act made a qualitative difference … qualitative difference to the legal situation. He particularly drew our attention to the difference in phraseology used in section 212 which deals with representation of the estate by an administrator and section 213 which deals with representation of

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Apr 06 2006

Vishalakshi Vs. Bank of India

Court : Kerala

Decided on : Apr-06-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 30, 192 to 207, 208, 212, 213 and 370 to 390; General Clauses Act

Reported in : AIR2006Ker255; 2006(2)KLT488

V. Ramkumar, J.1. In this appeal filed under Section 384 of the Indian Succession Act, 1925 the petitioner who is the sole legal heir and successor of deceased P.K. Hymavathy, challenges the order dated … granted under this Part with respect to any debt or security to which a right is required by Section 212 or Section 213 to be established by letters of administration or probate:Provided that nothing contained in this section

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Feb 24 2006

In Re: Mariamma Thomas

Court : Kerala

Decided on : Feb-24-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 212, 291 and 291(1); ;Kerala Indian Succession Rules, 1968 - Sections 241 - Rule 18

Reported in : 2006(2)KLT11

it was on that basis the Letters of Administration were granted.2. As per Section 291 of the Indian Succession Act, 1925 read with Rule 18 of the Indian Succession Rules (Kerala) 1968, every person to whom any grant of … the bond required: Every person to whom a grant of letters of administration, other than a grant under Section 212 of the Act is committed, shall execute a bond in Form No. 6 and 7 and shall unless

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Feb 13 2006

Business Development Consultant P. Ltd. and ors. Vs. State Bank of Ind ...

Court : Kolkata

Decided on : Feb-13-2006

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 11, 111, 153, 397, 398, 399, 402, 403, 406 and 409; ;Banking Regulation Act; ;Indian Succession Act, 1925 - Sections 211, 212, 213 and 214

Reported in : [2007]139CompCas73(Cal),[2008]88SCL188(Cal)

provisions of the law the State Bank of India has got a duty to perform under the Indian Succession Act, 1925, as legally the entire shareholding has been vested in it under Section 211 of the Indian Succession Act … State Bank of India, not in the name of the trust estate. Besides, under the provision of Sections 212, 213 and 214 of the Indian Succession Act the estate of the testator vests unto the executor and

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Aug 25 1975

Ranchhoddas Govinddas Banatwala

Court : Mumbai

Decided on : Aug-25-1975

Subject : Family

Reported in : (1976)78BOMLR219; 1976MhLJ636

other than a liquidated sum of money is a debt as contemplated by Part X of the Indian Succession Act, 1925, so as to enable the Court to issue a succession certificate in respect thereof.2. The facts which have … not to be granted with respect to any debt or security to which a right is required by Section 212 or Section 213 to be established by letters of administration or probate. Thus, the three restrictions on the

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Mar 14 1961

In Re: Hasima Latifi and ors.

Court : Mumbai

Decided on : Mar-14-1961

Subject : Family

Acts : Succession Act, 1925 - Sections 212, 213, 213(1), 213(2), 370 and 370(1); Special Marriage Act, 1954 - Sections 21; Succession Act, 1925 - Sections 5(2) and 324(1)

Reported in : AIR1962Bom227; (1961)63BOMLR940

and that because of that reason succession to his property is regulated by the provisions of the Indian Succession Act, 1925. As regards the statement of fact contained in that paragraph there is obviously some mistake, because it has … shall not be granted with respect to any debt or security to which a right is required by Section 212 or Section 213 to be established by letters of administration or probate. As it has been stated that

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Sep 27 2007

M. Suresh Vs. Mrs. B. Sumathi and

Court : Chennai

Decided on : Sep-27-2007

Subject : FamilyService

Acts : Indian Succession Act, 1925 - Sections 57, 212, 213, 264(1), 264(2), 266, 300, 370 to 372, 372(1), 372(3), 380, 383 and 384; Succession Certificate Act, 1889; Indian Succession (Amendment) Act, 1929 - Sections 2; General Clauses Act; Probate and Administration Act - Sections 87; Code of Civil Procedure (CPC) , 1908 - Sections 141; Original Side Rules - Order 25, Rule 6

Reported in : AIR2008Mad18; 2007(5)CTC330; (2007)5MLJ1388

the maintainability of the petition was doubted on the ground that as per Section 371 of the Indian Succession Act, 1925 (for short, the 'Act'), the District Judge within whose jurisdiction the deceased ordinarily resided at the time of … granted under this Part with respect to any debt or security to which a right is required by Section 212 or Section 213 to be established by letters of administration or probate:Provided that nothing contained in this section

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Jul 21 2003

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jul-21-2003

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest … race, sect or tribe residing therein from the purview of Sections 5 to 49, 58 to 191 and 212. Testamentary succession has been dealt with in Part VI of the Act. Section 58 provides that the provisions

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