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Jai Kumar Singh Vs. Kallu Singh and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 258 to 260 and 263; Evidence Act, 1872 - Sections 3 and 68

Reported in : 1999(4)AWC3550

costs to respondent No. 5. Family - execution of will - Sections 258, 259 and 260 of Indian Succession Act, 1925 - application for issue probate and letters of administration - deceased testator seriously ill alleged to have come … 1977. However, after issue of the probate and letters of administration, Smt. Sushila Devi filed an application under Section 263 of the Indian Succession Act praying for annulment and cancellation of the probate and letters, of administration.

Claude Pinto and Others Vs. M.V. Shankar Bhat and Another

Court : Karnataka

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 82, 88, 211(1), 258, 259 and 307(1); Indian Contract Act, 1872 - Sections 7 and 10; Code of Civil Procedure (CPC), 1908 - Sections 99 - Order I, Rule 10(2) - Order 22, Rule 4 - Order 41, Rule 27; Probate and Administration Act - Sections 45; Specific Relief Act, 1963 - Sections 20 and 20(2)

Reported in : AIR1996Kant366; ILR1996KAR2229; 1996(3)KarLJ342

Probate and Administration Act -- V of 1881. This is found in the book 'Paruck on the Indian Succession Act 1925', 8th Edition by Salil K. Roy Choudhury and H. K. Saharay at page 601. Either any of the … Court for appointment of a new representative in the place of the deceased sole executor, the first defendant. Section 258 is the same as S. 45 of the Probate and Administration Act -- V of 1881. This is

Mubarak HussaIn Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 192, 193, 194, 258, 259 and 263; Constitution of India - Article 227

Reported in : [2006(3)JCR427(Jhr)]

available under law. One J.E. Wiltshire made an application under Sections 192, 193 & 194 of the Indian Succession Act, 1925 against the heirs of Mehndi Hassan in the Court of the 1st Additional Judicial Commissioner, Ranchi in Execution … is not required as in this case letter of administration has not been granted under the provisions of Section 258 of the said Act. He further submitted that the petitioner has got an effective remedy under Section 263

Abha Dastane-Rao and Another Vs. Prabhakar Deolankar and Others

Court : Mumbai

Subject : MRTP

their position. If they have chosen not to do so, the consequences are of their own making. Indian Succession Act, 1925 Section 301 Removal of executor Petitioner sought to remove first Respondent as executor of Will said to have been … reposed in that person a special confidence (F.C.S. Amalnathan and Ors. v J.S. Victor Brasco, AIR 1995 Kant 258).The Court must give full weight to that expression of confidence. In the present case, that expression of confidence

Balwant Vs. Mainabai

Court : Madhya Pradesh

Subject : Civil

Acts : Evidence Act, 1872 - Sections 61 and 68; Succession Act, 1925 - Sections 276 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 11 and 104 - Order 41, Rule 22 - Order 43, Rules 1 and 2; Madhya Pradesh Land Revenue Code, 1959 - Sections 258; Madhya Pradesh Mutation Rules, 1965 - Rule 32; Limitation Act, 1936 - Sections 137

Reported in : AIR1991MP11

K.L. Shrivastava, J.1. This appeal under Section 299 of the Succession Act, 1928 (for short 'the Succession Act') is directed against the order dt. 12-12-1987 passed by the Additional Judge

Satinder Singh and Another Vs. Bhupinder Kaur and Others

Court : Punjab and Haryana

Subject : Property

Acts : Succession Act, 1925 - Sections 2, 226, 258 and 368; Code of Civil Procedure (CPC), 1908 - Order 22, Rule 2

Reported in : AIR1992P& H29

behalf of the objector reliance has been placed on Ss. 226 and 258 of the Succession Act, which are reproduced below:--'226. Accrual of representation to … were wives of Umrao Singh. The beneficiaries Satinder Singh and others filed a petition u/S. 368 of the Succession Act for taking action against the executors for causing loss to the estate of the two deceased aforesaid. A … on merits decisionwould be given after affording opportunity tothe parties to prove their respective allegations.7. Petition dismissed. - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters Patent, 1865, Clause 10: [Dr.

Subara Bi @ Tharama Bi Vs. Bhasheeria,

Court : Chennai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 149(2), 163, 163A, 165, 166, 166(1), 168, 169, 170 and 173; ;Motor Vehicles Act, 1939 - Section 110A and 110C; ;Indian Succession Act, 1925 - Section 306; ;Evidence Act, 1872 - Sections 74 and 77; ;Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 27

injuries sustained were because of accident due to use of motor vehicle for claiming compensation - Held: yes.Succession Act, 1925, Section 306 - Actio personalis moritur cum persona - Abatement - Whether the claim of the injured for the … has been filed by the appellant/second petitioner against the Award and Decree, dated 16.10.2006, made in M.C.O.P. No. 258 of 2001, on the file of the Motor Accident Claims Tribunal, Sub Court, Pantruti, awarding a compensation of

Rani Pravabati Roy and ors. Vs. Saileshnath Roy and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 142, 150, 202 and 214; ;Contract Act, 1872 - Section 56

Reported in : AIR1978Cal147

v. Ashutosh Mukherjee it has been held that the Court in exercising jurisdiction under Section 202 of the Succession Act, 1925 is acting in pursuance of the testamentary and intestate jurisdiction with which it is vested and not of … of an executor and not in his personal capacity. In this connection the decision in AIR 1930 Cal 258 was referred to. It was lastly contended that Section 214 of the Succession Act is a positive law

S. Jhansi Laxmi Bai and ors. Vs. Pothana Apparao and ors.

Court : Supreme Court of India

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 105(1)

Reported in : AIR1969SC1355; (1969)2SCC91; [1970]1SCR28

and Seshagirirao may have failed, but that question does not arise for consideration.10. Section 105 of the Indian Succession Act, 1925, which applies to the wills of Hindus provides:(1) If the legatee does not survive the testator, the legacy … her son the Judicial Committee observed:Mr. Branson maintained upon the authority of Vydinada v. Nagammal ILR 11 Mad. 258 that, by the terms of the will the Rani and the appellant became, in the sense of English

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … ORDERS.D. Shah, J.1. This Civil Revision Application, under Section 115 of the Code of Civil Procedure, is directed against the order below Exs. 150 and 152 in … in the case of Milwankee County v. M.E. White Company (296 US 258-280) to elaborate his submission as to what are the suits of civil