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Sep 06 2007

Sreemanthula Kesavachari (Died) Per L.R. Sreemanthula Rajeswaramma Vs. ...

Court : Andhra Pradesh

Decided on : Sep-06-2007

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214 and 214(1); Legal Services Authorities Act, 1987 - Sections 22(3); Administrator General's Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1889; Indian Penal Code (IPC) - Sections 193, 219 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Code of Civil Procedure (CPC) - Order 21, Rule 51

Reported in : AIR2008AP74; 2007(6)ALD796; 2008(1)ALT1

Petition by observing that the petitioner failed to obtain a succession certificate under Section 214 of the Indian Succession Act, 1925, therefore, the objection raised by the Judgment Debtor was considered and the petitioner is directed to obtain succession … purposes as the Lok Adalat shall be deemed to be the Civil Court under Sections 193, 219 and 228 of IPC and Section 22(3) of the Legal Services Authorities Act, 1987.4. The petitioner further contended that the

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Nov 17 1994

Gita Alias Gita Ravi Vs. Mary Jenet James Alias M.J. James and ors.

Court : Chennai

Decided on : Nov-17-1994

Subject : Family

Reported in : (1995)1MLJ467

of the will had to be proved in accordance with the provisions of Section 63 of the Indian Succession Act, 1925. The letters which had been written by Shri Mishra's clerk contained no mention whatsoever of any instructions having … encashed. A copy of the said certificate is attached as Annexure 'B' to the counter-affidavit. Another letter dated 22.6.1992 has been received from Kumar enclosing a copy of a further letter sent by him to the applicant.

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Aug 14 1947

Framroze Dadabhoy Madon Vs. Tehmina

Court : Mumbai

Decided on : Aug-14-1947

Subject : PropertyFamily

Reported in : (1947)49BOMLR882

Privy Council upon the trusts of a will, declared to be void under Section 113 of the Indian Succession Act, 1925, applied, and he followed a decision of Mr. Justice Blagden in the case of Ardeshir Baria v. Dadabhoy … Sections 19 and 21, which define a vested interest and a contingent interest, and also in conjunction with Section 22 which deals with class gifts which vest at a particular age, also Section 14, which may be conveniently

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Jun 03 1981

Janaki Amma and ors. Vs. Raveendra Menon and ors.

Court : Kerala

Decided on : Jun-03-1981

Subject : FamilyProperty

Acts : Contract Act, 1872 - Sections 17; Travancore Nayar Act, 1100 - Sections 22; Hindu Law; Succession Act, 1925 - Sections 111

Reported in : AIR1981Ker205

to a class of persons, then the thing bequeathed by the operation of Section 111 of the Indian Succession Act, 1925, goes only to persons belonging to that class as are alive at the testator's death. But to this … effect after the Travancore Nayar Act of 1100 had come into force is governed by the provisions of Section 22 of the said Act, even though the bequest is not by the father or husband but by a

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Feb 27 2007

Pradeep Bhalla Vs. Sangeeta and ors.

Court : Delhi

Decided on : Feb-27-2007

Subject : Civil/Family

Acts : Indian Succession Act, 1925 - Sections 57 and 213; Civil Crocedure Code , 1908 - Order 22, Rule 3

Reported in : 2007(94)DRJ548

note the laige number of authorities which, while dealing with Section 57 and Section 213 of the Indian Succession Act, 1925 have opined that pertaining to Hindus and in relation to wills executed in the Union Territory of Delhi, … who should be brought on record as legal representative.2. His wife Sangita Bhalia filed an application under Order 22 Rule 3 CPC stating that her husband had executed a will in here favour. She sbught to be

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Jun 29 2001

S. Maldi Reddy (Dead) by His Lrs. Vs. M. Ramakrishna Reddy

Court : Andhra Pradesh

Decided on : Jun-29-2001

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57 and 213(1) and (2); Code of Civil Procedure (CPC), 1908 - Order 22, Rule 3

Reported in : 2001(5)ALD128; 2001(4)ALT586

- succession certificate - Sections 57, 213 (1) and 213 (2) of Indian Succession Act, 1925 and Order 22 Rule 3 of Code of Civil Procedure, 1908 -execution of decree by deceased - petitioners grand sons of … is clear from the bare reading of Section 213(2) read with Section 57(a) and (b) of the Indian Succession Act, 1925 that the prohibition contained in sub-section (1) of Section 213 applies to wills executed by Hindus on or

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Sep 01 1971

C.S. Loganathan Vs. P.L. Kapur and ors.

Court : Delhi

Decided on : Sep-01-1971

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 146 - Order 22, Rule 2; Succession Act, 1925 - Sections 214(1)

Reported in : ILR1971Delhi175B

not attracted in execution proceedings. It is also contended by the applicants that the provisions of the Indian Succession Act, 1925, in particular Section 214 creates no bar to the legal heirs or legal representatives continuing with the execution … or time limit for filing such an application to continue the execution proceedings for the provisions of Order 22 of the Code of Civil Procedure are not attracted in execution proceedings. It is also contended by the

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Aug 29 1985

Munni Devi and ors. Vs. Municipal Corporation of Delhi

Court : Delhi

Decided on : Aug-29-1985

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 22, Rule 3; Succession Act, 1925 - Sections 306

Reported in : 29(1986)DLT38; 1985(9)DRJ270; 1985RLR544

valuable right, it is a property which is heritable by the heirs. (6) Section 306 of the Indian Succession Act 1925 reads as under : 'ALL demands whatsoever and all rights to prosecute or defend any action or special … Procedure is directed against the judgment and order dated 12th November, 1981 dismissing the petitioner's application under Order 22 Rule 3 of the Code of Civil Procedure. (2) Briefly these are the facts. Smt. Munni Devi, petitioner

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Apr 06 2005

Subhadra Rani Pal Choudhary Vs. Sheirly Weigal NaIn and ors.

Court : Supreme Court of India

Decided on : Apr-06-2005

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 211, 227 and 247; Code of Civil Procedure (CPC) , 1908 - Sections 51 - Order 40, Rule 1; Specific Relief Act, 1963 - Sections 21 and 22(2)

Reported in : AIR2005SC3011; (2006)1CALLT79(SC); (SCSuppl)2005(3)CHN92; JT2005(4)SC222; (2005)141PLR99; (2005)5SCC230

the sisters. In this connection, our attention was invited to Sections 211, 227 and 247 of the Indian Succession Act, 1925. The said sections are reproduced below:' 211. Character and property of executor or administrator as such.- (1) The … stood dismissed then the property stood vested with the sisters. In this connection, our attention was invited to Sections 211, 227 and 247 of the Indian Succession Act, 1925. The said sections are reproduced below:' 211. Character … the sisters. In this connection, our attention was invited to Sections 211, 227 and 247 of the Indian Succession Act, 1925. The said sections are

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Dec 21 1999

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Decided on : Dec-21-1999

Subject : Property limitation

Acts : Transfer of Property Act, 1882 - Section 53A;; Registration Act, 1908 - Section 49;; Specific Relief Act, 1963 - Sections 10 and 13;; Indian Succession Act, 1925 - Sections 2, 273, 274, 300 and 302;; City Civil Court Act, 1953 - Sections 2(5), 5(3) and 22;; Official Trustees Act, 1913 - Sections 25 and 26;; Evidence Act, 1872 - Section 115;; Code of Civil Procedure (CPC), 1908 - Section 11 - Order 1, Rule 13 - Order 6, Rule 4;; Calcutta High Court Original Side Rules - Rules 3 and 13;; Indian Companies Act, 1913;; Specific Relief Act, 1877 - Section 27A;; Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947;; Constitution of India - Article 311(1);; Rent Control Act - Section 11;; Land Reforms Act - Sections 106 and 125(3);; Limitation Act, 1963 - Section 17

Reported in : (2000)2CALLT1(HC)

and estoppel. It was further submitted that the appellant's application was maintainable under section 302 of the Indian Succession Act, 1925 and the order passed thereon could not be void. On the merits the appellant submitted that even though … proceeding whatsoever of a civil nature in the exercise of original jurisdiction not arising out of a suit'45. Section 22 of the City Civil Court Act read with the Second Schedule to the act also fortifies this. Section

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