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Hirjibhoy Rustomji Patel Vs. the State of Bombay

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 219 and 259; Code of Civil Procedure (CPC) , 1908 - Sections 35

Reported in : AIR1953Bom228; (1953)55BOMLR122; ILR1953Bom748

under Section 259 'de bonis non' to issue to the appellant.(6) Appeal allowed. Indian Succession Act (XXXIX of 1925), Sections 259, 219 - Letters of administration de bonis non--Estate not fully administered--Counsel appearing as amicus curiae--Whether costs … the whole judgment proceeds on a fallacy and on a misapprehension of the correct effect of Section 259, Succession Act. That section provides that 'in granting letters of administration of the estate not fully administered, the Court shall

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 … party to the said application nor the general citation was issued. The proceeding was against the provision of Section 259 of the Indian Succession Act. learned Counsel further submitted that no part of the testated estate has been

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 … 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 the Magistrate to compound or discharge

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 … of administering the estate remaining Un-administered, taking recourse to Ss. 258 and 259 _of the Indian Succession Act. Sections 258 and 259 of the Indian … Will should be read as a whole to ascertain the intention of the testatrix as laid down in Section 82 of the Indian Succession Act. He relied on the decision of the Privy Council in the case

Gita Alias Gita Ravi Vs. Mary Jenet James Alias M.J. James and ors.

Court : Chennai

Subject : Family

Reported in : (1995)1MLJ467

of the will had to be proved in accordance with the provisions of Section 63 of the Indian Succession Act, 1925. The letters which had been written by Shri Mishra's clerk contained no mention whatsoever of any instructions having … Act and Section 263 of the Indian Succession Act. In Gulam Ali v. Rahmatulla Khan A.I.R. 1941 Rang. 259, the court referred to the rulings in Subroya Chetiy's case I.L.R. Mad. 161, Annoda Prosad Chatterjee's case I.L.R.

J.V. Gokal Charity Trust and Others Vs. Contrex Pvt. Ltd. and Others

Court : Mumbai

Subject : Land Acquisition

possible to accept this submission at all. The relating-back of a probate under Section 227 of the Indian Succession Act, 1925 is to ensure that all intervening acts of the executor from the death of the testator to the … shares as being held only by Mukesh and Bharat (50 shares each) (Plaint, Ex. Q , pp. 254 259).This was, Mr. Sen says, the first time that Mukesh and Bharat made a claim hostile to the 1st

Shamsunder Rajkumar Vs. Bharat Oil Mills

Court : Mumbai

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Order 9, Rule 13 - Order 17, Rules 1 and 2 - Order 19, Rules 1, 2 and 3; Evidence Act, 1872 - Sections 1, 2 and 3; Provincial Small Cause Courts Act, 1882 - Sections 17 and 25

Reported in : AIR1964Bom38; (1963)65BOMLR584; ILR1963Bom436; 1963MhLJ414

Life Assurance Company (1944) 46 Bom. L.R. 767 : S.C. [1944] A.I.R. Bom. 351, referred to. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … at all.9. The Calcutta High Court had observed in Padmabati Dasi v. Rasik Lal Dhar ILR 37 Cal 259 that the provisions of Order 19, Rule 3, of the Code of Civil Procedure must be strictly observed

A. Ramaswami Vs. K. Venkamma

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 214

Reported in : AIR1963AP135

1961, this appeal is also dismissed. No costs. Property - succession certificate - Section 214 (f) (b) of Succession Act, 1925 - decree for sale of mortgage property obtained against appellant - decree-holder died - appeal to decide whether … decree-holder.6. In support of this contention, he calls in aid Fateh Chand v. Muhammad Bakhsh, ILR 16 All 259 (FB).7. We do not think that we can accede to this proposition. It is true that the case

Benares Hindu University Vs. Gauri Dutt Joshi

Court : Allahabad

Subject : Family

Acts : Succession Act, 1925 - Sections 232 and 236

Reported in : AIR1950All196

single Judge on the ground that the Benares Hindu University was an association of individuals and Section 236, Succession Act, therefore, was a bar to the grant of letters of administration to the Benares Hindu University. The learned … an order of a learned single Judge dismissing an application Under Section 276 of Act, XXXIX [39] of 1925. One Ram Dutt Joshi died on llth of March 1943, leaving a will dated 14th January 1943. The … of the Law of Corporation, Tagore Law Lectures, 1914, pages 253 to 259. What is a corporation and the fact that it has a distinct

Aysha Beevi Mariya Ummal Kunju and ors. Vs. Abdul Karim Rahuma Beevi a ...

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC) , 1908 - Order 34, Rule 4

Reported in : AIR1972Ker64

they shall not be asked to produce a succession certificate as required by Section 214 of the Indian Succession Act, 1925 as the debt defined in that Section does not include a decree for the enforcement of the mortgagee's … coming to that conclusion. The Full Bench decision in Fateh Chand v. Muhammad Bakhsh, (1894) ILR 16 All 259 (FB), where the Chief Justice Edge held that a mortgagor is entitled to as much protection as any