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Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...

Court : Karnataka

Subject : FamilyConstitution

Acts : Indian Succession Act, 1865 - Sections 332 and 832; Indian Succession Rules; Hindu Law; Adaptations of Law Order, 1950; Indian Succession Act, 1925 - Sections 3, 3(1), 3(2), 3(3), 29(2) and 392; General Clauses Act - Sections 3, 4A and 24; Constitution of India - Articles 13, 13(1), 13(3), 14, 15 and 372

Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270

in force and full effect in view of the provisions of Section 3(1) and 3(2) of the Indian Succession Act, 1925?2. Does the notification referred to immediately herein supra stand impliedly repealed by the provisions of Section 392 of … admission on 22-5-2000, the following substantial questions of law were raised by this Court:1. Whether the Notification dated 23-7-1868, No. 204 exempting 'all Native Christians in the State of Coorg from the operation of specified sections of

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940 - Sections 17, 30, 33, 34, 36, 39 and 41; ;Indian Succession Act, 1925 - Sections 211, 211(1), 213, 213(1), 299, 305, 307 and 307(1); ;Indian Succession Act, 1865 - Section 187; ;Evidence Act, 1872 - Sections 92 and 118; ;Indian Contract Act - Section 23; ;Probate Act - Section 187; ;Limitation Act, 1963 - Section 16; ;Limitation Act, 1908 - Section 17 and 17(1)

Reported in : AIR2001Cal122,(2001)3CALLT218(HC)

with a copy of an authenticated copy of the will annexed.'21. Prior to coming into force of Indian Succession Act, 1925, there was Indian Succession Act of 1865 and Section 187 thereof contained an identical provisions which is set … effect to this unprobated Will as alleged by the respondent No. 1, still this agreement was illegal under Section 23 of the Indian Contract Act being forbidden by law i.e. Section 213 of the Succession Act. I, therefore,

Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; Code of Civil Procedure (CPC), 1908 - Sections 48 and 141 - Order XXXVIII; Limitation Act, 1877; Arbitration Act; Bengal Civil Court Act, 1871- Sections 12; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Indian Succession Act, 1925 - Sections 192-195; Bengal Wills and Intestacy Regulation, 1799 - 2, 3, IV and V; Mahomedan Law; Bengal Wills and Intestacy Regulation, 1793 - Sections 2 and XIX; Central Provinces Laws Act, 1876; Railway and Canal Traffic Act, 1854 - Sections 16

Reported in : AIR1965SC540; [1964]4SCR69

have issued it to apply to such a case. Then it was said that ss. 192-195 of the Succession Act, 1925 impliedly repeated s. 4 of the Regulation. These sections of the Succession Act no doubt Act no doubt … understood as referring respectively to District Judges and District Courts appointed and constituted under the Act of 1887. Section 23 of the Act of 1887 provides that the High Court may by order authorise any Subordinate judge to

K.P. Narayanan (for the Estate of Late P.K. Raman of Colombo) Vs. Comm ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 23(4) and 41; Indian Succession Act, 1925 - Sections 332; Evidence Act - Sections 41

Reported in : [1975]98ITR130(Ker)

compromise, annexure ' B ', cannot be taken to be an assent under Section 332 of the Indian Succession Act, 1925. This contention is noticed by the Tribunal in the last part of paragraph 8 of its order, annexure … said Narayanan and since there was no response an assessment was made for the year 1955-56, under Section 23(4) of the Act. The same procedure was followed for the year 1956-57. The assessee filed appeals and contended

M.K. Srinivasan and Kannan Vs. Rangarajan

Court : Chennai

Subject : Family

Acts : Indian Succession Act, 1865; Indian Succession Act, 1925 - Sections 2, 264, 265, 266, 270, 273, 278, 286, 295, 299, 384(1), 388, 388(1) and 388(2); Probate and Administration Act, 1881 - Sections 87; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Punjab Civil Courts Act, 1918 - Sections 30; Central Provinces Courts Act, 1917 - Sections 19; Bombay Civil courts Act, 1869 - Sections 28A; Madras Civil Courts Act, 1873 - Sections 29(1); Madras City Civil Courts Act, 1892; Tamil Nadu Civil Courts Act, 1873 - Sections 12, 13, 29, 29(1), 29(2) and 29(3); Tamil Nadu Civil Courts (Amendment) Act, 1995 - Sections 4(2); Tamil Nadu Civil Courts (Amendment) Act, 2004; Bombay Civil Courts [Extension and Amendment] Act, 1958 - Sections 8; Succession Certificate Act - Sections 26; Chenna

Reported in : (2008)1MLJ435

R. Rama Subbarayalu Reddiar v. Rengammal, wherein at pages 321 to 323, it is observed as follows:.The Indian Succession Act, 1925, is a consolidating stature which repealed and re-enacted several statutes which dealt with succession to and protection of … the District Court became inevitable. The Bengal, Agra and Assam Civil Courts Act, 1887, made a provision by Section 23 therein enabling the High Court by a general or special order to authorize any subordinate Judge or Munsif

Babu Lal Vs. Smt Ganga Bai and ors.

Court : Rajasthan

Subject : Property

Reported in : 1987WLN(UC)446

property situated within the territories mentioned in Clause (b) and clearly, therefore, the provisions of Sub-section (1) of Section 23 of Indian Succession Act, 1925 were not attracted. Consequently, there is no force in the contention of the … 6 and, therefore, the first appellate Court did not deal with this matter.5. Section 213 of the Indian Succession Act, 1925 makes it clear that Sub-section (1) of the said section, in its application to the Hindus, applies only

Doughlas Garden Wilson Vs. None

Court : Orissa

Subject : Civil

Reported in : 105(2008)CLT844; 2008(I)OLR823

submitted that Section 18 of the Orissa Civil Courts Act, 1984 provides for a proceeding under the Indian Succession Act, 1925 and as per the said Section, the Civil Judge has the jurisdiction to consider the dispute. Since the … revealed that earlier this Court issued a Notification dated 2nd November, 1961 in exercising the power conferred by Section 23 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act 12 of 1887) and authorized the Courts

Shanti Devi Vs. Daropti Devi and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 31, 63 and 218; Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 41, Rules 23, 23A and 25

Reported in : 2007(2)AWC1153(SC); (SCSuppl)2007(2)CHN83; 2006(5)CTC262; 2006(13)SCALE577

of the Indian Succession Act, the document in question being Will and its prove being governed by Indian Succession Act, 1925. 19. As discussed above the appellant on whom the onus was to prove Issue No. 4 did not … is vested in the State Government, such plea cannot be raised in the proceedings under Section 18. -- Section 23: Determination of compensation Comparable sale value Sale deed in respect of land in same locality executed 4 days

Narendra Nath and anr. Vs. Sm. Fakirmani Dassi and ors.

Court : Kolkata

Subject : Civil

Acts : Succession Act, 1925 - Sections 263 and 288; ; Bengal, Agra and Assam Civil Courts Act, 1887 - Section 23

Reported in : AIR1952Cal20

of. the Bengal, Agra and Assam Civil Courts Act, 1887, 'to take cognisance of proceedings under the Indian Succession Act, 1925, which cannot be disposed of by District Delegates.' In the schedule which follows it is mentioned that two … it, fully supports the contention of Mr. Banerjee. The decision of this Court proceeds on a consideration of Sections 264, 265 and 288 of the Indian Succession Act. Section 264 empowers the District Judge to grant and … dated 25-6-1927, authorised the Subordinate Judges and Munsifs mentioned therein under Section 23(i) of. the Bengal, Agra and Assam Civil Courts Act, 1887, 'to take

Damalanka Gangaraju and ors. Vs. Nandipati Vijaya Lakshmi and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 6, 23, 29 and 29A; Hindu Adoptions and Maintenance Act - Sections 10; Andhra Pradesh Hindu Succession (Amendment) Act, 1986; Hindu Succession (Amendment) Act, 2005; Indian Succession Act, 1925; Kerala Joint Hindu Family System (Abolition) Act, 1975; Constitution of India - Articles 246, 254, 254(1) and 254(2); Hindu Mitakshara Law; Hindu Law

Reported in : 2007(4)ALD694

that the marriage of the plaintiff was performed subsequent to the amendment to Section 29 of the Hindu Succession Act, 1956 (for brevity, 'the Act') and she is entitled to a share in the plaint-A & B schedule … the interest of the deceased is governed by the Indian Succession Act, 1925.Section 6 of the Act deals with devolution of interest of a male … Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara Coparcenary property as the sons have. Section 23 of the Act disentitles a female heir to ask for partition in respect of a dwelling house wholly