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Vera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey
Mumbai
Feb-11-1976
Family
Indian Succession Act, 1925 - Sections 2, 264, 264(1), 265, 265(1), 266, 267, 268, 272, 283, 286, 288 and 299; Bombay Civil Courts Act, 1869 - Sections 28-A and 28-A(1); Bombay High Court Orders; Bombay High Court Rules - Rules 55 and 255; Indian Succession Act, 1865; Probate and Administration Act, 1881; Code of Civil Procedure (CPC), 1908; Madras Civil Courts Act - Sections 29(1); Payment of Wages Act, 1936; Bombay City Municipalities Act, 1925; General Clauses Act, 1897 - Sections 8(1)
AIR1977Bom419; (1976)78BOMLR543
to letters of administration or probate. He also attempted to justify the impugned order on the ground that Section 264 of the Succession Act, 1925, was in direct conflict with Section 28-A of the Bombay Civil Courts Act, … which was vested in the High Court. 5. Our attention was invited to certain provisions of the Indian Succession Act, 1925, Section 28-A of the Bombay Civil Courts Act. 1869 and R. 255 of the High Court Rules, Civil Manual
Tag this Judgment! AI Brief & AskM.K. Srinivasan and Kannan Vs. Rangarajan
Chennai
Nov-28-2007
Family
Indian Succession Act, 1865; Indian Succession Act, 1925 - Sections 2, 264, 265, 266, 270, 273, 278, 286, 295, 299, 384(1), 388, 388(1) and 388(2); Probate and Administration Act, 1881 - Sections 87; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Punjab Civil Courts Act, 1918 - Sections 30; Central Provinces Courts Act, 1917 - Sections 19; Bombay Civil courts Act, 1869 - Sections 28A; Madras Civil Courts Act, 1873 - Sections 29(1); Madras City Civil Courts Act, 1892; Tamil Nadu Civil Courts Act, 1873 - Sections 12, 13, 29, 29(1), 29(2) and 29(3); Tamil Nadu Civil Courts (Amendment) Act, 1995 - Sections 4(2); Tamil Nadu Civil Courts (Amendment) Act, 2004; Bombay Civil Courts [Extension and Amendment] Act, 1958 - Sections 8; Succession Certificate Act - Sections 26; Chenna
(2008)1MLJ435
R. Rama Subbarayalu Reddiar v. Rengammal, wherein at pages 321 to 323, it is observed as follows:.The Indian Succession Act, 1925, is a consolidating stature which repealed and re-enacted several statutes which dealt with succession to and protection of … granting and revoking probate of a will or Letters of administration to the estate of a deceased person. Section 264 confers jurisdiction on the District Judge to grant or revoke probate or letters of administration. Section 265 lays
Tag this Judgment! AI Brief & AskKunvarjeet Singh Khandpur Vs. Kirandeep Kaur and ors.
Supreme Court of India
Apr-03-2008
FamilyProperty
Indian Succession Act, 1925 - Sections 2, 232, 264 and 278; Limitation Act, 1963 - Sections 4 and 5 - Scheudle - Articles 113, 120 and 137; Limitation Act, 1908 - Scheudle - Article 181; Code of Civil Procedure (CPC) , 1908; Telegraph Act
AIR2008SC2058; 2008(2)AWC2024(SC); (SCSuppl)2008(2)CHN197; 2008(2)CTC850; 2008(2)KLT296(SC); (2008)4MLJ239(SC); 2008(6)SCALE112; (2008)8SCC463; 2008AIRSCW2726; 2008(8)SCC463; 2008(3)ICC263; MANU/SC/7451/2008
duty because of the nature of the proceedings it is a continuing right - Appeal dismissed. - INDIAN SUCCESSION ACT, 1925. Section 278: [Dr. Arijit Pasayat & P. Sathasivam, JJ] Application under Limitation Held, Any application to Civil Court made … to Civil Court under the Act is covered by Article 137. The application is made in terms of Section 264 of the Act to the District Judge. Section 2(bb) of the Act defines the District Judge to be
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Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...
Chennai
Mar-21-1991
Family
T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;
AIR1991Mad284
the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … :--Chapter IV (of part IX) deals, with the grant of revocation of the probate and letters of Administration. 'Section 264 enacts that the District Judge shall have jurisdiction in granting and revoking probates and letters of administration in
Tag this Judgment! AI Brief & AskChander Kumar JaIn Vs. Anand Kumar JaIn and Another
Allahabad
Jul-29-1999
Family
Indian Succession Act, 1925 - Sections 2, 264 (1), 265 (1) and 269 (1); Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 8 and 8 (2); Arbitration and Conciliation Act, 1996 - Sections 2 and 42
1999(4)AWC2785
that in view of the definition of the District Judge as contained in Section 2(fab) of the Indian Succession Act. 1925 (hereinafter called as the Act) the transferee Court is not a principal civil court of original Jurisdiction. That … on the case of M/s.I.T.I. Ltd., Allahabad v. District Judge. Allahabad and others, AIR 1998 All 313.5. Section 264(1) of the Act provides that the District Judge shall have jurisdiction in granting and revoking probates and letters
Tag this Judgment! AI Brief & AskTriloki Nath Vs. Kanhiya Lal and ors.
Allahabad
Mar-16-1978
FamilyProperty
Succession Act, 1925 - Sections 57 and 264(2)
AIR1978All297
expeditiously. Family - Civil - jurisdiction of District Judge - Section 264 (2) and 57 (c) of Indian Succession Act, 1925 - whether in absence of any notification under Section 264 (2) by Government District Judge has jurisdiction to
Tag this Judgment! AI Brief & AskRam Dass Vs. Gulshan Kumar and ors.
Punjab and Haryana
Sep-27-1993
Family
Code of Civil Procedure (CPC) , 1908 - Sections 114; Indian Succession Act, 1925 - Sections 264, 276, 302, 370, 376 and 390
II(1993)DMC620; (1994)106PLR349
brothers sons of Raj Kumari filed a petition for grant of probate under Section 276 of the Indian Succession Act, 1925 (for short 'the Act'). Alongwith the petition, a schedule of properties, 23 in number, was filed. Other heirs … of probate. Section 276 falls in Chapter IV of Part IX. Chapter IV of Part IX containing Sections 264 to 302 relates to granting and revoking Probates and Letters of Administration. This shows that the two sets
Tag this Judgment! AI Brief & AskMaina Devi Vs. Rati Ram
Delhi
Nov-30-2015
Land Acquisition
learned ADJ, rejected the appellant's petition dated 05.04.2004, preferred under Section 263, 264 and 282 of the Indian Succession Act, 1925 (in short the 1925 Act). 1.2 The appellant via the said petition had sought cancellation of Letters of
Tag this Judgment! AI Brief & AskSaradindu Banerjee Vs. Sita Banerjee @ Rekha Banerjee
Jharkhand
Apr-25-2006
Family
Indian Succession Act, 1925 - Sections 2, 264 and 276; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 6(1), 8 and 8(2); Arbitration and Conciliation Act, 1996 - Sections 2, 34 and 42; Constitution of India - Article 227
[2006(3)JCR244(Jhr)]
whereas the respondent is the petitioner. The said respondent filed an application under Section 276 of the Indian Succession Act, 1925, [hereinafter referred to as the said Act'], before the learned District Judge, Durnka for grant of probate of … stage the opposite party-petitioner filed an application challenging the jurisdiction of the said Court on the ground that Section 264 of the said Act only empowers the 'District Judge' to grant probate in all the cases within the
Tag this Judgment! AI Brief & AskOskar I. Rathod Vs. Minaxi Florence Semual Parmar and anr.
Gujarat
Nov-09-2006
Civil
Indian Succession Act, 1925 - Sections 264, 265, 265(1) and 299; ;Gujarat Civil Courts Act, 2005 - Sections 1(3), 24, 24(1) and 24(2); ;Divorce Act, 1869; Special Marriage Act, 1954; Guardians and Wards Act, 1890; Code of Civil Procedure (CPC) - Sections 100
(2007)1GLR876
Jude or a Court of District Judge, as the case may be, under the Divorce Act, 1869, the Succession Act, 1925, the Special Marriage Act, 1954, or the Guardians and Wards Act, 1890.(2) Every order made by a Senior … said appeal?3. Short facts leading to the present appeal are that the present respondent made an application under Section 264 of the Indian Succession Act for grant of probate in the Court of learned Civil Judge (SD), which
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