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Mar 21 1991

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Decided on : Mar-21-1991

Subject : Family

Acts : 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;

Reported in : 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 … district. Section 265 empowers the High Court to appoint delegates of District Judges to deal with non-contentious cases. Section 266 provides that the District Judge shall have the like powers and authority in relation to the granting of

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Oct 23 2007

Liladhar Karunashankar Trivedi Vs. Minaxiben Bhagwandas Trivedi and 7 ...

Court : Gujarat

Decided on : Oct-23-2007

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 266 and 299; Gujarat Civil Courts Act, 2005 - Sections 24, 24(1), 24(2) and 24(3); Divorce Act, 1869; Special Marriage Act, 1954; Guardians and Wards Act, 1890; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 115; Constitution of India - Articles 226, 227, 245, 246 and 254

Reported in : (2008)1GLR75

Judge 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 … in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908) applicable to appeals.3.3 Section 266 of the Succession Act reads as under:266. District Judge's powers as to grant of probate and administration. -

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Jan 06 1975

Suresh Chandra Bal and ors. Vs. Niranjan Bal

Court : Orissa

Decided on : Jan-06-1975

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 266; Evidence Act, 1872 - Sections 101 to 104

Reported in : AIR1975Ori161

S.K. Ray, J. 1. The respondent filed an application under Sections 266 and 276 of the Indian Succession Act, 1925 for grant of probate of the registered will dated 2-8-1968 of one Kinu Bal who died on 17-11-1968. … S.K. Ray, J. 1. The respondent filed an application under Sections 266 and 276 of the Indian Succession Act, 1925 for grant of probate of the registered will dated

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Nov 28 2007

M.K. Srinivasan and Kannan Vs. Rangarajan

Court : Chennai

Decided on : Nov-28-2007

Subject : Family

Acts : 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

Reported in : (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 … has no jurisdiction to try contentious matter arising out of Indian Succession Act. He also further contended that Section 266 of the Indian Succession Act is a bar for conducting the proceeding before any Court other than the

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Feb 11 1976

Vera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey

Court : Mumbai

Decided on : Feb-11-1976

Subject : Family

Acts : 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)

Reported in : AIR1977Bom419; (1976)78BOMLR543

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 … could exercise. Mr. Paranjape invited our attention to certain sections of the Indian Succession Act, viz. Sections 264, 266, 267, 268, 283 and 299. According to Mr, Paranjape, the fact that in these sections the words used

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Oct 20 2006

Elsy Vs. Raju

Court : Kerala

Decided on : Oct-20-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63, 222, 237, 238, 239, 266, 268, 275, 276, 280, 281, 283, 284, 285 and 295; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 55 and 56 - Schedule I and 2, Article 1, 4, 6 and 11; Indian Succession Rules (Kerala), 1968 - Rule 6, 17, 22 and 26

Reported in : 2006(4)KLT890

invoking the testamentary and intestate jurisdiction of the District Judge under Sections 266 and 268 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act' for short). The first respondent V.K. Raju was the petitioner in the … originated as probate O.P. 61/1986 filed by invoking the testamentary and intestate jurisdiction of the District Judge under Sections 266 and 268 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act' for short). The

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Feb 18 2005

Smt. Santosh Mishra D/O Late Ram Sagar Pandey W/O Sri O.P. Mishra Vs. ...

Court : Allahabad

Decided on : Feb-18-2005

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 217, 266, 268 and 295; Code of Civil Procedure (CPC) , 1908 - Sections 141 - Order 8, Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Constitution of India - Article 226; Uttar Pradesh Consolidation of Holding Act - Sections 15

Reported in : 2005(3)AWC2597

away by death on 9.11.2003 and consequently, the applicant resorted to proceeding under Section 217 of the Indian Succession Act, 1925 for grant of probate. The defendants arrayed in the proceeding are aunt and great father of the applicant … Act, the Code of Civil Procedure would be applicable on all fours. The learned counsel also referred to Section 266, 268 and 295 and propounded that in case, the proceeding under Section 217 of the Succession Act becomes

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Nov 29 2002

Sh. Ajay Ved Parkash Vs. State and ors.

Court : Delhi

Decided on : Nov-29-2002

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4; Indian Succession Act - Sections 247, 266, 268, 276 and 295

Reported in : AIR2002Delhi342; 102(2003)DLT699; 2003(66)DRJ682

under Order XXXIX Rule 4 read with Section 151, CPC and Sections 268 and 295 of the Indian Succession Act, 1925, (hereinafter 'the Act').2. Facts in brief are: that petitioner filed this petition under Section 276 of the Act … proceedings under the Act, the Court is vested with the powers as in relation to the Civil Suit (Section 266). The proceedings of the Court in relation to grant of probate and letter of administration are regulated as

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Aug 14 1975

Mary Assumption Trinidade Etc. Vs. Vincent Manuel Trinidade and ors.

Court : Delhi

Decided on : Aug-14-1975

Subject : FamilyProperty

Acts : Delhi High Court Act, 1966 - Sections 5(2); Succession Act, 1925 - Sections 2 and 273; Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2; General Clauses Act, 1897 - Sections 3(28)

Reported in : ILR1976Delhi95

effect of the aforesaid conclusion, it was held, negativing the contention of the respondents herein that the Indian Succession Act, 1925 did not then extend to Goa that on the annexation of Goa, the Succession Act was automatically extended … Act, District Judge means ; the Judge of a principal Civil Court of original jurisdiction ; that under Section 266 of the said Act the District Judge has the like powers and authority in relation to the grant

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Jun 28 1991

Janardan Jena Vs. Sara Alias Saraswati Dei

Court : Orissa

Decided on : Jun-28-1991

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 266 to 268, 294 and 295; Code of Civil Procedure (CPC)

Reported in : 1991(II)OLR525

An interesting question whether amendment is permissible in respect of an application for grant of probate under Indian Succession Act, 1925 (in short 'the Act') is involved in this revision appli- cation.2. Facts giving rise to the application are … to non-applicability of the Code first. Conspectus of provisions contained in Secs. 266 to 268 and 294 makes it clear that the Code has application … proceedings in relation to grant of probate and letters of administration, save as otherwise provided in the Act. Section 295 makes it further clear that moment there is contention in proceedings for grant of probate and letters

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