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Mrs. Revathamma Vs. Hamsa and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Succession Act, 1925 - Sections 256, 257 and 283(1); Hyderabad High Court Rules - Rule 46

Reported in : AIR1961AP13

respondent who has been added as a party to raise a dispute. All the provisions of the Indian Succession Act 1925 are there for the purpose of enabling a person who wants to be present at the proceedings relating … What then should have been the order which the learned District Judge could have passed. A reference to Section 256 provides for the granting of letters of administration 'subject to exception'. It 15 further exemplified in the language

Mahamaya Dassi Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 26, 161, 164, 168 and 256; ;Indian Succession Act, 1925 - Section 247

Reported in : [1980]126ITR748(Cal)

order to examine this question, it may be relevant to refer to the relevant provisions of the Indian Succession Act, 1925.18. Section 2 of the Indian Succession Act, 1925, provides the definition and Sub-clause (a) of Section 2 defines … definite and ascertainable and the assessments should be made as 'association of persons '.7. In the premises, under Section 256(1) of the I.T. Act, 1961, the following question of law has been referred to this court :'Whether, on

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

Subject : PropertyFamily

Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533

pay the claims of all creditors in full, the executor is bound, under Section 323 of the Indian Succession, Act, 1925, to pay them equally and rateably so far as the estate of the deceased, permits. It is not … pressed by the question I drew the attention of counsel to Hunter v. Young (1879) 4 Ex. D. 256, where Bramwell and Baggallay L. JJ. doubtingly agreed with Thesiger L. J. in holding that the executor was

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … J. 1. A Division Bench of the High Court of Judicature at Bombay on a reference under Section 256(1) of the Income-tax Act, 1961 (for short the 'Act') decided all the three questions of law referred to

Navnit Lal Sakarlal Vs. Commissioner of Income-tax

Court : Supreme Court of India

Subject : Direct TaxationFamily

Acts : Income-tax Act, 1961 - Sections 53, 55, 159, 168 and 256(1); Succession Act, 1925 - Sections 211(1), 332, 333 and 366

Reported in : AIR1992SC466; (1991)100CTR(SC)125; [1992]193ITR16(SC); JT1991(4)SC186; 1991(2)SCALE893; (1992)1SCC185; [1991]Supp1SCR585

clearly enunciated by Viswanatha Sastri, J. in Raghavalu Naidu, cited earlier, in these words:Chapter VII of the Indian Succession Act, 1925, succinctly defines the duties of executOrs. Shortly stated, it is their duty to clear the estate - to … of the Revenue, the following question was referred to the High Court of Gujarat for its opinion under Section 256(1) of the Income Tax Act. 1961:Whether the Income Tax Appellate Tribunal was right in law in holding

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 … merely because the complainant died after his statement was recorded under Section 200 Cr.P.C. can not be accepted. Section 256 Cr.P.C. is another provision which has been taken into consideration in the instant case. Section 256 Cr. P.C.

The General Accident Fire and Life Assurance Corporation, Ltd. Vs. Jan ...

Court : Mumbai

Subject : PropertyCivil

Reported in : (1941)43BOMLR346

statutory assignment on proof of title to the estate. It was held that Section 292 of the Indian Succession Act, 1925, which provides for the assignment of administration bonds, does not deal only with the procedure in case of … Mr. Mitra in his Law of Limitation and Prescription (Tagore Law Lectures), 6th ed. (1932), Vol. 1, p. 256:-A law of limitation and prescription may appear to operate harshly or unjustly in particular cases, but where such

K. R. Patel Vs. Commissioner of Income-tax

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (1999)155CTR(SC)585

as trustees tinder the terms of the will as well as under section 211 (1) of the Indian Succession Act, 1925. It was also held that the trust was a public trust. The trust was registered on 29-12-1964.6. Executors … Wadhwa, J.A Division Bench of the High Court of Judicature at Bombay on a reference under section 256(1) of the Income Tax Act, 1961 ('the Act') decided all the three questions of law referred to it

Joyna John Vs. State and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 299/384, 276/279, 63; Evidence Act, 1872 - Section 68

1. The present appeal under section 299/384 of the Indian Succession Act, 1925 is directed against the order dated 02.07.2007 passed by learned Additional District Judge, whereby the learned Judge has … Act seeking probate in respect of the Will dated 05.11.1997 executed by Sh.Luke John in Probate Case No. 256/06/05 titled as "Smt.Joyna John v. The State and Ors."2. Briefly stating, the facts giving rise to filing of

Smt. Sudershan K. Chopra Vs. State and ors.

Court : Delhi

Subject : Civil

Reported in : 127(2006)DLT468; 2006(87)DRJ257

1 lakh would serve the purpose without burdening the petitioner / sole legatee. This matter stands disposed of. Succession Act, 1925Section 256 - Grant of probate--Uncontested proceedings--Court Fee stamp deposited by the petitioner who was sole legatee and … would serve the purpose without burdening the petitioner / sole legatee. This matter stands disposed of. Succession Act, 1925Section 256 - Grant of probate--Uncontested proceedings--Court Fee stamp deposited by the petitioner who was sole legatee and executor