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Jan 12 2007

Chunni Lal and anr. Vs. Vidya Devi and ors.

Court : Delhi

Decided on : Jan-12-2007

Subject : Civil

Acts : Delhi Rent Control Act, 1958 - Sections 2, 14(1), 14(2), 27 and 39; Delhi Rent Control (Amendment) Act, 1988; Delhi Shops and Establishment Act; Indian Succession Act, 1925 - Sections 63; ; ; Evidence Act, 1872 - Sections 68 and 116; Indian Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : 2007(93)DRJ418

of the deceased owner.13. Learned Counsel for the appellants relied upon the provision of Section 63 ofthe Indian Succession Act, 1925 (hereinafter referred to as the Succession Act). The said Section reads as under:63. Execution of unprivileged wills.--Every testator, … appellant No. 1 neither paid the rent nor took any steps for deposit of rent in Court under Section 27 of the said Act. It has been held that it was not within the competence of the tenant

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Mar 31 2001

Mandala Madhava Rao Vs. Mandala Yadagiri and Others

Court : Andhra Pradesh

Decided on : Mar-31-2001

Subject : Family

Acts : Succession Act, 1925 - Sections 88; Code of Civil Procedure (CPC), 1908 - Sections 107 - Order XLI, Rules 26 and 27

Reported in : 2001(3)ALD577; 2001(3)ALT295

Supreme Court reiterated the above principles.20. Nextly, it is necessary to refer to Section 88 of the Indian Succession Act, 1925 (hereafter called 'the Succession Act'), which reads as under :Where two clauses or gifts in a Will are … dated 29-9-1953 is the true extract of the partition deed between the plaintiff and his brothers; Ex.A2 dated 27-8-1980 is a legal notice issued by the plaintiff and Ex.A3 dated 1-9-1980 is a reply notice issued by

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Jul 21 2003

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jul-21-2003

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest … and like matters of secular character cannot be brought within the guarantee enshrined under Articles 25, 26 and 27 of the Constitution of India.17. Before proceeding further I may notice that a Division Bench of the Kerala

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Oct 09 1957

General Manager, Gwalior Sugar Co. Vs. Srilal

Court : Madhya Pradesh

Decided on : Oct-09-1957

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 2; Succession Act, 1925 - Sections 27

Reported in : AIR1958MP133; (1958)IILLJ89MP

reasons for the view are:8. According to the general principle as embodied in Section 27 of the Indian Succession Act, 1925, the policy of the law seems to be to do away with the distinction between the full blood

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Apr 29 1976

Commissioner of Wealth Tax, Madras and ors. Vs. Late R. Sridharan by L ...

Court : Supreme Court of India

Decided on : Apr-29-1976

Subject : FamilyDirect Taxation

Acts : Expenditure Tax Act - Sections 25(1); Special Marriage Act, 1954 - Sections 21; Hindu Marriage Act, 1956; Hindu Succession Act, 1956 - Sections 2(1); Hindu Minority and Guardianship Act, 1956 - Sections 3(1); Indian Succession Act, 1925; Wealth Tax Act, 1957 - Sections 27(1) and 29(1); Income Tax Act - Sections 66(1); Constitution of India - Article 133(1); Hindu Adoptions and Maintenance Act, 1956

Reported in : [1976]104ITR436(SC); (1976)4SCC489; [1976]SuppSCR478; 1976(8)LC668(SC)

the property of a person whose marriage has been solemnized under that Act being governed by the Indian Succession Act, 1925, and not by the ordinary Hindu law, Nicolas Sundaram could not become a member of Hindu undivided family, … of the shares and other investments standing in his name being his exclusive properties and by virtue of Section 21 of the Special Marriage Act, 1954, succession to the property of a person whose marriage has been … Hindu undivided family.3. Thereafter 011 the applications made by Sridharan under Section 27(1) of the Wealth Tax Act, Section 66(1) of the Income-tax Act and

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Jan 07 2008

Abhay Sapru Vs. Chitralekha Bakshi and anr.

Court : Delhi

Decided on : Jan-07-2008

Subject : Property

Acts : Delhi Cooperative Societies Act, 1972 - Sections 27; Hindu Succession Act, 1925; Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 2 and 63; Cooperative Societies Act - Sections 26; Hindu Succession Act, 1956 - Sections 19; Delhi Co-operative Societies Rules - Rule 35

Reported in : 2008(102)DRJ744

family settlement Ex. D-1/3, operate as a Will of late Smt. D.K. Kaul.17. Section 2(h) of the Indian Succession Act, 1925 (the Act) gives the definition of a 'Will'. It reads as under:2(h) 'Will' means the legal declaration of … Plaintiff became owner of her 1/3rd share in the suit property being her only nominee in terms of Section 27 of the Delhi Cooperative Societies Act, 1972 and bye laws framed by the society. When he requested the

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Jan 31 1991

Mrs. Mary Dowling Vs. Mrs. Margaret Merwan

Court : Mumbai

Decided on : Jan-31-1991

Subject : Family

Acts : Succession Act, 1925 - Sections 25, 26, 27 and 37

Reported in : AIR1991Bom389; 1991(3)BomCR229; (1991)93BOMLR844; 1991(1)MhLj487

the operation of this Order is stayed for a period of eight weeks from today. Order accordingly. Indian Succession Act, 1925 - Section 27(b) - Blood relation with deceased.;Section 27(b) refers to relationship by full blood or half blood

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Jan 12 2007

Sh. Chunni Lal and anr. Vs. Smt. Vidya Devi and ors.

Court : Delhi

Decided on : Jan-12-2007

Subject : Tenancy

Acts : Delhi Rent Control Act, 1958 - Sections 2, 14, 14(1), 14(2), 27 and 39; Delhi Shops and Establishment Act; Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68 and 116; Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : 138(2007)DLT224

the deceased owner.13. Learned Counsel for the appellants relied upon the provision of Section 63 of the Indian Succession Act, 1925 (hereinafter referred to as the Succession Act). The said Section reads as under:63. Execution of unprivileged wills. - … appellant No. 1 neither paid the rent nor took any steps for deposit of rent in Court under Section 27 of the said Act. It has been held that it was not within the competence of the tenant

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Mar 04 1935

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

Decided on : Mar-04-1935

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 … Section 29, which has now been replaced in England by the more comprehensive 115 Geo. V., c. 19, Section 27 (the latter applies to trustees' as well as to personal representatives). The section on which Section 360 is

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Jul 04 2008

Amara Venkata Subbaiah and Sons and ors. Vs. Shaik HussaIn Bi and ors.

Court : Andhra Pradesh

Decided on : Jul-04-2008

Subject : Criminal

Acts : Indian Succession Act, 1925 - Sections 62, 63, 214, 214(1) and 387; Administrator General's Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1889; Evidence Act, 1872 - Sections 32(5), 45, 47, 48, 68 and 73; Code of Civil Procedure (CPC) , 1908 - Sections 2(11) - Order 21, Rule 50 - Order 30, Rules 1 and 4

Reported in : 2008(5)ALD547; 2008(5)ALT341

of Rs. 30,000/-. Secondly unless succession certificate is filed by plaintiff, as required under Section 214 of Indian Succession Act 1925, plaintiff is not entitled to demand defendants to pay amount of Rs. 30,000/-. He points out that when … is due from second defendant firm. Partners of second defendant executed promissory note for the said amount on 27.4.1979 agreeing to repay the same with interest at 12% per annum from 1.4.1979. Similarly third defendant became indebted

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