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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 … this can not be said to be mandatory under the old Code. The word complainant' was used under Section 252 Cr.P.C. which corresponds to the new Section 244 Cr.P.C. The word 'complainant' has been substituted by word prosecution'

Basant Chandra Ghose Vs. Emperor

Court : Mumbai

Subject : Civil

Reported in : (1945)47BOMLR396

merely on the ground that at some prior stage there was no valid cause for detention. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … under detention. The decision of the Patna High Court in Kamla Kant Azad v. King EmperorI.L.R (1943) Pat. 252 cannot be understood as laying down any such proposition as a general proposition of law. The learned Judges

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 44A, 104 and 117 - Order 7, Rules 11, 11A and 14 - Order 37 - Order 43, Rule 1 - Order 49, Rule 3; Admiralty Courts Act, 1861 - Sections 1, 1(4), 5 and 6 ;Admiralty Courts Act, 1840; Supreme Court of Judicature (Consolidation) Act, 1925 - Sections 22 and 22(1); Administration of Justice Act, 1956 - Sections 20(2) and 47(2); Inland Vessels Act, 1917; Merchant Shipping Act, 1956; Multimodal Transportation of Goods Act, 1993 - Sections 7 and 7(1); Colonial Courts of Admiralty Act, 1890 - Sections 2; Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Acts, 1894 to 1923; Supreme Court of Judicature Act, 1873; Administration of Justice Act, 1920; Admiralty Jurisdiction Regulation Act, 1983; Merchant Shipping (Oil) Polluti

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512; MANU/SC/0951/2003

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 … v. State of Bihar : (2003)IIILLJ31SC this Court observed:'Justice Holmes expressed the following view in Missouri v. Holland 252 US 416 (433)3 :'When we are dealing with words that also are a constituent act, like the Constitution

Chaturbujadoss Kushaldoss and Sons Vs. Minor Rajamanicka Mudali by Fat ...

Court : Chennai

Subject : Family

Reported in : AIR1930Mad930; (1931)60MLJ97

it. After the death of Parthasarathi Mudali, his widow Sengalani Ammal applied on 5th October, 1920, for a succession certificate in order to enable her to collect the outstandings due to him. The plaintiff's father as his … J.1. The 1st defendant is the appellant in Appeal No. 250. of 1925 and he is the decree-holder in C.S. No. 81 of 1921 on … his favour took possession of the estate. The decree-holder then sought to execute the decree, against B under section 252 of the Code of Civil Procedure. It was held that the decree was not against the estate but … Ammal and that there was no evidence that the 1st defendant was actuated by any fraudulent motive in instituting the suit against the widow. He

Commissioner of Wealth Tax, Kanpur and ors. Vs. Chander Sen and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Income Tax Act, 1961; Hindu Succession Act, 1956 - Sections 4, 6, 8 and 19; Indian Succession Act, 1925 - Sections 30; Indian Income Tax Act, 1922 - Sections 25A

Reported in : AIR1986SC1753; (1986)58CTR(SC)119; [1986]161ITR370(SC); 1986(2)SCALE55; (1986)3SCC567; [1986]3SCR254

family. But the High Court found that this principle has been modified by Section 8 of the Hindu Succession Act, 1956. Section 8 of the said Act provides, inter alia, that the property of a male Hindu dying … capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925.15. It is clear that under the Hindu law, the moment a son is born, he gets a share … from Dr. Derret's 'Introduction to Modern Hindu Law' (paragraph 411, at page 252). Reliance was also placed on certain observations of this Court and the

Ratanbai Karsetji Sunavala Vs. Narayandas Prayagdas

Court : Mumbai

Subject : FamilyProperty

Reported in : AIR1927Bom478; (1927)29BOMLR900

the estate of Karsetji Jivaji was not represented, and under Section 212 of the Indian Succession Act of 1925 the plaintiffs could not establish any right to the deceased's property, unless letters of administration had first been … Section 190 of Act X of 1865, which has now been superseded by Section 212 of the Indian Succession Act 1926. This section says: 'No right to any part of the property of a person who has died … cases. It was held in Shapurji v. Rustomji (1903) 5 Bom. L.R. 252, regarding Section 2 of that Act, that the property vested in the

Amal Krishna Aditya Vs. Ganesh Chandra Das

Court : Kolkata

Subject : PropertyTenancy

Acts : Transfer of Property Act, 1882 - Sections 105 and 106; ;Hindu Succession Act, 1956 - Section 19; ;West Bengal Premises Tenancy Act, 1956 - Section 13(1)

Reported in : AIR1998Cal221

Morley v. Bird, (1798) 3 Ves 628. This principle has been adopted in Section 106 of the Indian Succession Act, 1925, replacing Section 93 of the Indian Succession Act, 1865 and a joint tenancy has been recognised in a … Kali Prosanna Seal : AIR1925Cal752 : Sm. Sunila Sundari Dassi v. Sailendra Nath Dey, ILR (1966) 1 Cal 252 and Ajit Kumar Roy v. Satya Bala Dutt, : AIR1973Cal339 . So far as the decision of the

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

Court : Supreme Court of India

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 … that of what was the state of law at the commencement of the Constitution.56. [See Missouri v. Holland 252 US 416 (433) and Kapila Hingorani v. State of Bihar : (2003)IIILLJ31SC 57. Furthermore in John Vallamattom and

Gurdial Kaur and Others Vs. Kartar Kaur and Others

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925

Reported in : 1998IIIAD(SC)603; AIR1998SC2861; 1998(2)BLJR1301; JT1998(3)SC37; (1998)IIMLJ128(SC); (1998)119PLR524; RLW1998(2)SC255; 1998(2)SCALE649; (1998)4SCC384; [1998]2SCR486; 1998(2)MLJ(SC)128

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 … right it must be upheld. [248 H; 249 D-F; 251 A-B, F-H; 252 B]. State of Punjab v. Aiaib Singh. [1953] S.C.R. 254 and State … fact that the respondents were arrested under another statute, namely, the Criminal Procedure Code cannot make either the section or the Act void. [242 G-H; 243 C-D; 244 D-E] State of Bombay v. Atma Ram Sridhar Vaidya,

Arun Baran Coomar Vs. Sanjay Kumar Sharma

Court : Kolkata

Subject : Land Acquisition

death could be entitled in law to apply for revocation of the grant under Section 263 of the Succession Act, 1925 particularly when an allegation is made that the grant was obtained by fraud. Per contra, Mr.Dhruba Ghosh, learned