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Feb 17 2012

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

Court : Andhra Pradesh

Decided on : Feb-17-2012

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 … challenge such an award based on settlement, it can be done only by filing a petition under Article 226 and/or Article 227 of the Constitution, that too on very limited grounds. But where no compromise or settlement

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Nov 25 2004

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Subject : Trusts and SocietiesProperty

Acts : Andhra Pradesh (Telangana Areas) Wakf Rules - Rule 156; Hyderabad Endowment Rules - Sections 36; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 1(3), 14, 16, 42, 80(1) and 87; Code of Civil Procedure (CPC) - Sections 96(3) and 141 - Order 23, Rule 3; Andhra Pradesh Writ Proceedings Rules, 1977 - Rule 24; Constitution of India - Article 226; Indian Succession Act, 1925 - Sections 11, 373 and 387; Income Tax Act - Sections 34(3)

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

the question for consideration was whether an order of granting succession certificate under Section 373 of the Indian Succession Act, 1925 would operate as res judicata to the suit for partition in a civil court between the same parties. … Proceedings Rules, 1977 makes the provisions of Order XXIII Rule 3 CPC applicable to the proceedings under Article 226 of the Constitution of India.4. Having noted the submission of the Advocate General that he did not appear

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May 27 2004

Mathew Luke Vs. State of Kerala

Court : Kerala

Decided on : May-27-2004

Subject : Constitution

Acts : Constitution of India - Article 226; Succession Act, 1925 - Sections 3

Reported in : 2004(2)KLT681

Writ Petition fails and it is dismissed. Constitution - mandamus - Article 226 of Constitution of India and Section 3 of Indian Succession Act, 1925 … properties made by several Christian families in Kerala. The Apex Court declared that the provisions of the Indian Succession Act, 1925 (hereinafter referred to as the Act) will govern intestate succession of Christians, thought to be governed till that … Secretary to take action on certain representations filed by the Council, praying to issue an exemption notification under Section 3 of the Indian Succession Act. The brief facts of the case are the following:-2. The declaration of

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Apr 30 1999

Gadi Koppula Rajamauli Vs. Election Tribunal, (Senior Civil Judge), Ad ...

Court : Andhra Pradesh

Decided on : Apr-30-1999

Subject : Election

Acts : Andhra Pradesh Panchayat Raj Act, 1994 - Sections 233; Andhra Pradesh Panchayat Raj (Election Tribunal in respect Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 - Rule 2(1); Andhra Pradesh Civil Courts Act, 1972 - Sections 15; Indian Succession Act, 1925; Uttar Pradesh Tenancy Act, 1939; Bihar and U.P. Alteration of Boundary Act, 1968 - Sections 26; Constitution of India - Articles 226 and 243-O; Code of Civil Procedure (CPC), 1908;

Reported in : 2000(3)ALD342; 2000(3)ALT31

instance, in Section 19 of the said Act with regard to jurisdiction to try the matters under Indian Succession Act 1925. That is in fact a sufficient answer to the contention of the writ petitioners. Under Indian Succession Act, … ORDERVaman Rao, J1. This Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the validity of the order of

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Sep 08 2005

Manda R. Pande Vs. Smt. Jankibai S. Dubey

Court : Mumbai

Decided on : Sep-08-2005

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 370 to 390; Code of Civil Procedure (CPC) , 1908 - Sections 11 and 16 - Order 21, Rules 97 to 103; Constitution of India - Articles 226 and 227

Reported in : AIR2005Bom397; 2006(1)ALLMR517; 2006(2)MhLj162

town in Wardha District, the petitioners filed application for grant of succession certificate under Section 372 of Indian Succession Act, 1925, on 1-1-1996 vide Succession Case 1 of 1996 before Civil Judge, Senior Division, Chandrapur. The said court issued … ORDERB.P. Dharmadhikari, J.1. The petitioner in this petition under Articles 226 and 227 of Constitution of India is original defendant. The present respondents have filed a suit before Civil

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Feb 02 2005

Zee Telefilms Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Feb-02-2005

Subject : Constitution

Acts : Constitution of India - Articles 7, 12, 13(1), 13(2), 14, 17, 19, 19(1), 19(6), 21, 21A, 26, 32, 73, 77, 145(3), 226 and 298; Human Rights Act, 1998 - Sections 8; Companies Act; Succession Act 1925 - Sections 118; International Airport Authority Act, 1971; International Cricket Council Rules - Rules 8, 9, 10, 12, 32, 32A, 33, 34, 35 and 38; Societies Registration Act 1860; Tamil Nadu Societies Registration Act, 1975; Trade Practices Act, 1974; Wheat Marketing Act, 1989

Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649; [2005] 1 SCR 913; MANU/SC/0074/2005

in U.K. in relation to a provision which was in pari materia with Section 118 of the Indian Succession Act 1925, this Court observed:'...The constitutionality of a provision, it is trite, will have to be judged keeping in view … seek a remedy under the ordinary course of law or by way of a writ petition under Article 226 of the Constitution which is much wider than Article 32.32. This Court in the case of Andi Mukta

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Apr 02 2008

Aktharbibi Abdul Razak Gulam Rasul and ors. Vs. United India Insurance ...

Court : Gujarat

Decided on : Apr-02-2008

Subject : Motor Vehicles

Acts : Indian Succession Act, 1925 - Sections 214(1); Motor Vehicles Act, 1988; Land Acquisition Act; Constitution of India - Articles 226 and 227

Reported in : 2009ACJ1823; AIR2008Guj146

Lordships may further be pleased to hold and declare that the provisions of Section 214(1)(b) of the Indian Succession Act, 1925 would not apply in the present case and accordingly, your Lordships may be pleased to set aside the … Avani S. Mehta, learned Counsel for the respondent.2. The petitioner by invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, has prayed to issue appropriate writ, order or direction to the

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Feb 16 2012

A.S.Dhanapal Vs. the Deputy Registrar of Co-operative

Court : Chennai

Decided on : Feb-16-2012

Subject : Constitution

Acts : Tamil Nadu Co-operative Societies Act, 1983 - Section 80, 81(4), 82, 87(1); Constitution of India - Articles 226; Code of Civil Procedure(CPC), 1908 - Section 8087-B; Railways, Act, 1890 - Section 77; Bombay Rent Act, 1947 - Section 15; Succession Act, 1925 - Section 213; Prevention of Corruption Act, 1947 - Section 5-A; Companies Act, 1956 - Section 108; Prevention of Food Adulteration Act, 1954 - Section 20(1); Wild Life Protection Act, 1972 - Section 55; Industrial Disputes Act, 1947 - Section 33(2)(b)

(Vide Waman Shriniwas .. Vs .. Ratilal Bhagwandas & Co., (A.I.R. 1959 S.C. 689)), Section 213 of the Succession Act, 1925 (Vide Hem Nolini Juddah .. Vs ..Isolyne Sarojabashini Bose (A.I.R. 1962 S.C. 1471)), Section 5-A of the Prevention … PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records on the file

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Apr 19 1999

Lalsa Vs. Ivth Additional District Judge, Basti and Others

Court : Allahabad

Decided on : Apr-19-1999

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214 (2), 370, 371, 372 and 381; Provident Funds Act, 1925 - Sections 5 (2); Insurance Act, 1938 - Sections 39 (5); Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC), 1908 - Sections 60; Succession Certificate Act - Sections 4

Reported in : 1999(3)AWC1828

of judicial scrutiny. It is accordingly dismissed. Family - succession certificate - Sections 371 and 381 of Indian Succession Act, 1925, Section 39 (5) of Insurance Act, 1938 and Section 5 (2) of Provident Funds Act, 1925 - whether amounts … O.P. Garg, J.1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 31.7.1997 passed by Civil Judge (Junior

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Feb 02 2000

Bhushan Kumar Dewan Vs. State and ors.

Court : Delhi

Decided on : Feb-02-2000

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 226

Reported in : 84(2000)DLT679

that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925 but it should also be found that the said Will was the product of the free volition of … Mrs. Nisha Sawhney.Basing the claim on the said registered Will Shri Bhushan Kumar Dewan filed the petition under Section 226 of the Indian Succession Act for grant of probate/ letter of administration in respect of the estate left

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