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illachi Devi (D) by Lrs. and ors. Vs. JaIn Society, Protection of Orph ...

Court : Supreme Court of India

Subject : Trusts and SocietiesFamily

Acts : Societies Registration Act, 1860; Indian Succession Act, 1925 - Sections 5, 6, 6(7), 218, 218(2), 223, 232, 236 and 276; Indian Succession (Amendment) Act, 1983; Companies Act, 1913 - Sections 2(7); Companies Act, 1866; Companies (Amendment) Act, 1882; General Clauses Act; Constitution of India - Article 372; Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 - Sections 7; Karnataka Societies Registration Act, 1960 - Sections 15; West Bengal Societies Registration Act, 1961 - Sections 19, 19(1) and 19(3); Friendly Societies Act, 1896; Code of Civil Procedure (CPC) , 1908

Reported in : AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413

in order to render it eligible for the grant of probate or letters of administration under the Indian Succession Act, 1925 shall be the following, namely:(1) The Company shall be either - (a) a company formed and registered under … more of them.(3) When no such person applies, it may be granted to a creditor of the deceased.'7. Section 223 of the Act provides that to whom probate cannot be granted. Section 223 of the Act runs as

JaIn Society for the Protection of Orphans for India Vs. the State

Court : Delhi

Subject : Trusts and Societies

Acts : Societies Registration Act, 1860 - Sections 6, 8 and 13; Indian Succession Act, 1925 - Sections 223, 236 and 276; General Clauses Act; Companies Act, 1956

Reported in : AIR2001Delhi484; 93(2001)DLT798; 2002(61)DRJ71

to as 'the Act') is prohibited from obtaining letters of administration because of Section 236 of the Indian Succession Act, 1925, (hereinafter referred to as 'the Succession Act')? The answer to this question will dispose of the present reference … society from the operation of Sections 223 and 236 of the Succession Act. It may be stated that Section 223 of the Succession Act creates a similar bar to the grant of probate as Section 236 does for

inder Chand Nayyar Vs. Sarvadeshik Arya Pratinidhi Sabha and anr.

Court : Delhi

Subject : Family

Acts : Succession Act, 1925 - Sections 2, 222, 223 and 236; Societies Registration Act

Reported in : AIR1977Delhi34; 1976RLR443

unless otherwise needed.16. Appeal allowed. Family - grant of probate - Sections 2, 222, 223 and 223 of Succession Act, 1925 - no words in 'will' entrust duty of execution of 'will' or administration of estate of deceased to … 1. This first appeal from order has been filed under Section 299 of the Indian Succession Act, 39 of 1925 (hereinafter referred to as 'the Act') and it is

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court : Andhra Pradesh

Subject : Service

Acts : Legal Services Authorities Act, 1987 - Section 19, 19(5); Andhra Pradesh Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972; Constitution of India - Articles 226, 227; Code of Civil Procedure (CPC) , 1908 - Orders XXX, XXXI; The Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350; Companies Act, 1956; Succession Act, 1925 - Sections 276, 223, 236

Central Act. The society filed an application for grant of Letters of Administration under Section 276 of the Succession Act, 1925. The appellant, Illachi Devi, and her legal representatives opposed contending that in view of Section 236 of the … is not maintainable. The High Court of Delhi rejected the same although it was held that under Sections 223 and 236 of the Succession Act, only the persons who suffered legal incapacity to sue or being sued

Balan Vs. Sivagiri Sree Narayana Dharma Sanghom Trust

Court : Kerala

Subject : Civil

Acts : Kerala High Court Act, 1958 - Sections 3, 5, 7, 207 and 207(1); Delhi High Court Act - Sections 10(1); Madhya Pradesh Letters Patent Act; Bombay Letters Patent Act; ;Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 2(14), 23(3), 24, 104, 105, 141 and 151; Industrial Disputes Act - Sections 17B; Patna Letters Patent Act; Government of India Act, 1935 - Sections 107 and 223; Constitution of India - Articles 136, 225, 227 and 228; Succession Act, 1925 - Sections 299; Delhi Rent Control Act; Government of India Act, 1915 - Sections 39 and 108; Agriculturists Debt Relief Act, 1958 - Sections 7; Patents Act - Sections 104; Specific Relief Act - Sections 8; Karnataka High Court Act - Sections 4; Land Acquisition Act - Sections 54; Code of Criminal Procedure (CrPC) , 1898 - Sections

Reported in : AIR2006Ker58; 2006(4)CTC273; [2006(2)JCR94]; 2005(4)KLT865

even though an order passed by a single Judge of the High Court under Section 299 of the Succession Act, 1925 is not strictly a decree, it will come within the scope of judgment under Letters Patent Clause 15. … the Letters Patent pertaining to such courts. This rule making power of the High Courts was preserved by Section 223 of Government of India Act, 1935. So far as the State High Courts were concerned, the exercise of

Mrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...

Court : Mumbai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 74, 75, 80, 81, 82, 85, 86, 87, 88, 95, 104, 119, 187 and 188; Bombay High Court (Original Side) Rules, 1980 - Rules 223 and 238

Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545

to be construed by us, we deem it proper to refer to the relevant provisions of the Indian Succession Act, 1925, particularly Chapter VI of Part VI, which deals with the construction of Wills.Section 74 says that it is … J. in Vithaldas Cursondas v. Dulsukhbhai Vadilal 21 BLR 972, while dealing with the similar proposition under Rule 223 of the High Court Rules, held that an originating summons is not a proper procedure to be adopted

Chiranjilal Shrilal Goenka (Deceased) Through Lrs. Vs. Jasjit Singh an ...

Court : Supreme Court of India

Subject : Civil

Acts : Succession Act, 1925 - Sections 211(1), 217, 222, 223, 224, 227, 273, 276, 280, 294, 295 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2, 2(11), 9 and 33 - Order 22, Rule 10; Hindu Succession Act, 1956 - Sections 3 and 8

Reported in : 1993(2)ALT13(SC); 1993(2)BLJR1193; JT1993(2)SC341; 1993(2)SCALE146; (1993)2SCC507; [1993]2SCR454; MANU/SC/0496/1993

Code. 12. Section 213 of the Indian Succession Act (Act 39) of 1925 for short 'the Succession Act' provides right to the executor to obtain … under Order 22 Rule 10 or legatee under a Will, are legal representatives.11. Section 3(f) of the Hindu Succession Act, 1956 defines 'heirs' means any person, male or female who is entitled to succeed to the property of … only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication Section 223 prohibits grant of probates to the persons specified therein. Section 224 gives power to appoint several executOrs. Section

V. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .

Court : Supreme Court of India

Subject : Land Acquisition

life estate holder. In this context, no doubt, we must clarify one aspect. Section 119 of the Indian Succession Act, 1925 (hereinafter referred to as the “Indian Succession Act’, for short) deals with the date of vesting of legacy … the time of partition or are born subsequently: [see Hindu Law by Mulla, 13th Edn., p. 249, para 223(2)(4)].. If that is so and the character of the ancestral property does not change so far as sons

M. Vijayalakshmi and Another Vs. Sadhu A.N. Sircar Foundation, Rep.by ...

Court : Chennai

Subject : Land Acquisition

revoke or annul the Letters of Administration granted by the Court. 23. It is also useful to refer Section 223 of the Indian Succession Act, 1925 which reads as follows: 223. Persons to whom probate cannot be granted.- … 8 of CPC read with Order 25 Rule 62 of Original Side Rules read with 263 of Indian Succession Act 1925 to revoke or recall and annul the grant of Letters of Administration granted to the 1st respondent in

R. Ray Vs. V.G. Dalvi and ors.

Court : Kolkata

Subject : Civil

Acts : Calcutta City Civil Court Act, 1953 - Sections 5, 5(1), 6, 7, 9 and 9(2); ;Code of Civil Procedure (CPC) , 1908 - Section 20

Reported in : AIR1963Cal380,65CWN191,[1962(5)FLR154]

- (i) the Guardians and Wards Act, 1890 (VIII of 1890), and (ii) Part X of the Indian Succession Act, 1925 (XXXIV of 1925), in respect of succession certificates.' '(4) The City Civil Court shall not have jurisdiction to … the High Court is maintained to Sections 106 and 112 of the Government of India Act, 1915, in Section 223 of the Government of India Act, 1935 and in Article 225 of the Constitution of India. The jurisdiction