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Rama Aziz Parpia and ors. Vs. Balkrishna K. Mehta and ors.

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 104 and 119; Bombay High Court (Original Side) Rules, 1980 - Rules 238 and 249

Reported in : 1993(1)BomCR267; (1993)95BOMLR951

are answered as follows :---Question No. 1 Yes, in view of sections 104 and 119 of the Indian Succession Act, 1925, and, particularly, following the principle indicated by the House of Lords in Cunliffe's case (supra), that the legatees … for which the Court's answers are sought, are indicated therein, see Rule 249 of the High Court (Original Side) Rules, 1980.21. On behalf of the … invested the net amount of Rs. 20,20,797/- in Capital Gains Bonds in order to get the benefit of section 54E of the Income-tax Act. The said amount remained invested in the bonds for a period of three

Smt. Saroj Gupta W/O Dev Nath Gupta and Rama Shankar Gupta S/O Tribhuw ...

Court : Allahabad

Subject : Criminal

Acts : Succession Act, 1925 - Sections 306; Indian Penal Code (IPC) - Sections 406, 420, 467, 468, 471, 493 and 496; Code of Criminal Procedure (CrPC) - Sections 156(3), 200, 202, 205, 244, 245(2), 249, 252, 256, 256(1), 302 and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 259

Reported in : 2006CriLJ1045

complainant does not terminate a criminal prosecution. The maxim action personalis moritur cum persona of Section 306 of Succession Act, 1925 does not apply to criminal prosecutions 7. There is no provisions of abatement of inquiries and trials in … of Section 245(2) Cr.PC. will not come into play. Learned A.G..A. has placed reliance on the provisions of Section 249 Cr.P.C. with corresponds to Section 259 of the Old Code, 1898. Section 249 Cr.P.C. gives a discretion to

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 … existence at 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

Basant Rai and ors. Vs. Lala Ganga Ram and anr.

Court : Allahabad

Subject : Civil

Reported in : AIR1932All386

first letter, dated 3rd June 1925, sent by the defendant Basant Rai, acting for Jaswant Rai, to the Executive Officer, Cantonment, complained that a number … as before. The Executive Officer thereupon prosecuted the plaintiffs Ganga Ram and Piare Lal for an offence under Section 249, Cantonment Code, (obstructing the contractor of the Cantonment Committee in the realization of rent). The plaintiffs Ganga Ram … restore that of the Court of first instance, parties paying and receiving costs in proportion to failure and success throughout. I dismiss S.A. No. 1503 of 1929 with costs. The cross-objections filed by Gangaram automatically fail and

Smt. Lakshmi Devi Vs. Smt. Lata Singh and Another

Court : Allahabad

Subject : FamilyCivil

Acts : Indian Sucession Act, 1925 - Sections 276; Code of Civil Procedure (CPC), 1908 - Sections 10 and 151 - Order IV, Rule 1; Allahabad High Court Rules, 1952 - Rules 5, 6 , 35 and 39; Arbitration Act, 1940 - Sections 20 and 20(2)

Reported in : 2000(1)AWC160

Code of Civil Procedure. 1908 as nearly as may be, have been madeapplicable to the proceedings under the Succession Act, 1925. Section 10, Civil Procedure Code is, therefore, not strictly applicable. Mere registration of an application as a suit itself … v. Ma Sein Yin, AIR 1923 Rang 9 ; Ko Maung Gyi u. Daw Tok, AIR 1928 Rang 249 ; Kanhaiya Lal u. Gendo : AIR1928All51 ; Sundrabai u. Collector of Belgaum, (1909) 33 Bom. 256 and

Dinanath Shaligram Marvadi Vs. Maroti Totaram Shimpi and ors.

Court : Mumbai

Subject : PropertyLimitation

Acts : Provincial Insolvency Act, 1920 - Sections 4, 4(2), 28(2), 28(7), 51, 51(3) and 52; Code of Civil Procedure (CPC), 1908 - Sections 9; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 63; Bankruptcy Act, 1883 - Sections 46

Reported in : AIR1959Bom10; (1958)60BOMLR1017; ILR1959Bom249

263 of 1939, decided on April 12, 1945, by Vivian Bose and Sen JJ. referred to. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … by him to Section 51(3) of the Provincial Insolvency Act in this case. 13. In ILR 1937 Nag 249: , Niyogi, J. held that if an executing Court held an auction sale in ignorance of insolvency proceedings

Fgp Ltd. Vs. Saleh Hooseini Doctor and anr.

Court : Supreme Court of India

Subject : TenancyContract

Acts : Maharashtra Rent Control Act, 1999; Bombay Rent Act, 1947; Special Marriage Act; Indian Succession Act, 1925 - Sections 21, 105, 211, 213, 213(2), 216, 222, 232 and 234; Transfer of Property Act - Sections 53A; Income-tax Act - Sections 230A; Transfer of Property (Amendment) Act, 1929; Evidence Act - Sections 116; Code of Civil Procedure (CPC) - Sections 2(11); Constitution of India - Article 136

Reported in : 2010(1)ALT3(SC); JT2009(12)SC210; RLW2010(1)SC434; 2009(12)SCALE516; (2009)10SCC223; 2009(9)LC4445(SC); 2009AIRSCW6026; 2009(5)LHSC3282

21 of the said Act, the property of the parties shall be regulated under the provisions of Indian Succession Act, 1925. It was further urged that as a result of the necessary corollary of the same, the provisions of … Sahai and Ors. : (1982) 1 SCC 237.28. In paragraph 13, page 249 of the report while tracing the said equitable doctrine in the way … registration, be deemed to be a marriage solemnized under the said Act and as a consequence thereof under Section 21 of the said Act, the property of the parties shall be regulated under the provisions of Indian

Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another

Court : Guwahati

Subject : Land Acquisition

1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned … Sections 152, 154 to 156, Sections 158 to 166, Sections 222 to 242, Sections 244, 245, 247 to 249, Sections 251 to 263, Section 264 excepting sub-section (2) thereof, Sections 265 to 268, Sections 269 excepting sub-section

Bholanath Shaw Vs. Badrinath Shaw and ors.

Court : Kolkata

Subject : Trusts and SocietiesProperty

Acts : Succession Act, 1925 - Section 211; ;Hindu Law

Reported in : AIR1974Cal292

contententions. The estate of a deceased person is vested in his executor under Section 211 of the Indian Succession Act, 1925. The Court can remove the executor in an administration suit and can appoint an administrator in his place. … of Appeal in the case of The Delhi London Bank v. Wordie, reported in ILR (1875-1876) 1 Cal 249. That suit was filed in the Original Side of this Court. It was a suit for administration of

S.V. Sundaresann Vs. Assistant Controller of Estate Duty

Court : Chennai

Subject : Direct Taxation

Acts : Estate Duty Act - Sections 61

Reported in : [1983]144ITR916(Mad)

which is capable of being so disposed of by him, in accordance with the provision of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus. Explanation … will be open to e coparcenary to execute a gift of his undivided interest in the coparcenary property. Section 30 of the Hindu Succession Act reads as follows : 'Any Hindu may dispose of by will or … the gift was not valid. The learned judges observed as follows (p. 249) : 'During coparcenary, e ancestral property vests in the joint family, and