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Madhuri Pukharaj Baldota Vs. Omkarlal Daulatram Banwat and Others

Court : Mumbai

Subject : Land Acquisition

SCC 369; Srideviand Ors. v Jayaraja Shetty, (2005) 2 SCC 784; PentakotaSatyanarayana, supra). 20. Section 63 of the Succession Act, 1925 sets out the requirements for the valid execution of a will. A testator must sign it, or affix … the decision of the Supreme Court in S. R. Srinivasa and Ors. Vs. S. Padmavathamma (2010) 5 SCC 274) is, I believe, more than somewhat misplaced. In that case, there were other suspicious circumstances: the will was

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

Court : Delhi

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 … only possible effect of the omission of such a property is a possible non-compliance of the provisions of Section 274. Section 274 provides that where the grant is made by a High Court it shall be circulated to

Kissondas Premchand Vs. Jivatlal Pratapshi and Co.

Court : Mumbai

Subject : Commercial

Reported in : AIR1936Bom423; (1936)38BOMLR864

6 Bom. L.R. 853, doubted.;Mathuradas v. Raimal (1935) 37 Bom. L.R. 642, commented on.;Section 323 of the Indian Succession Act, 1925, merely lays down a rule of procedure that must be followed by an executor or administrator. It is … an argument which is based upon an oversight of the legislature. In Vol. XXVII, at p. 146, para. 274, Halsbury observes as follows :It is not competent to any court to proceed upon the assumption that Parliament

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Subject : Property limitation

Acts : Transfer of Property Act, 1882 - Section 53A;; Registration Act, 1908 - Section 49;; Specific Relief Act, 1963 - Sections 10 and 13;; Indian Succession Act, 1925 - Sections 2, 273, 274, 300 and 302;; City Civil Court Act, 1953 - Sections 2(5), 5(3) and 22;; Official Trustees Act, 1913 - Sections 25 and 26;; Evidence Act, 1872 - Section 115;; Code of Civil Procedure (CPC), 1908 - Section 11 - Order 1, Rule 13 - Order 6, Rule 4;; Calcutta High Court Original Side Rules - Rules 3 and 13;; Indian Companies Act, 1913;; Specific Relief Act, 1877 - Section 27A;; Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947;; Constitution of India - Article 311(1);; Rent Control Act - Section 11;; Land Reforms Act - Sections 106 and 125(3);; Limitation Act, 1963 - Section 17

Reported in : (2000)2CALLT1(HC)

and estoppel. It was further submitted that the appellant's application was maintainable under section 302 of the Indian Succession Act, 1925 and the order passed thereon could not be void. On the merits the appellant submitted that even though … mentioned in the Schedule. The sections of the Indian Succession Act sought to be amended are 2(bb), 273, 274 and 300 and not section 302. The exclusion of section 302 would show that the High Court retains

Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another

Court : Guwahati

Subject : Land Acquisition

1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned … (2) thereof Sections 270 to 272, Section 273 excepting the last two paragraphs below the proviso thereof Sections 274 to 299, Section 300 excepting sub-section (2) thereof, Sections 301 to 306, Sections 308 to 312, Sections 317

Parambir Singh Vs. State and Another

Court : Delhi

Subject : Education

Through: ..... Respondent Nemo CORAM: HON'BLE MR. JUSTICE G.P. MITTAL1 This petition under Section 274 of the Indian Succession Act, 1925 (the Act) for grant of probate is in respect of the Will dated 08.12.2003 executed by Late Rajinder

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … Civil Court Act, 1953.” (2) In section 273, clause (a) of the proviso shall be omitted. (3) In section 274, for subsection (1), the following subsection shall be substituted:- (1) Whether probate or letters of administration has or

Sarasamma Vs. G. Pandurangan and Others

Court : Chennai

Subject : Land Acquisition

that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925 but it should also be found that the said Will was the product of the free volition of … proving the will need not be complied with." (q) 2010 (5) SCC 274 (S.R.Srinivasa Vs. S.Padmavathamma): "38. In H.Venkatachala Iyengar Vs. B.N.Thimmajamma (AIR 1959 SC … not be cancelled not only by the appointing authority but also by the Appellate Authority. In terms of Section 58 of the Evidence Act, 1872 facts admitted need not be proved. It is also a well-settled principle

T. Rama Seshagiri Rao and anr. Vs. N. Kamalakumari

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC), 1908 - Sections 50; Transfer Property Act, 1882 - Sections 100

Reported in : AIR1982AP107

the circumstances of the case, without costs. 14. Revision dismissed. Property - succession certificate - Section 214 of Succession Act, 1925, Section 50 of Code of Civil Procedure,1908 and Section 100 of Transfer Property Act, 1882 - whether respondent can … a will - under Section 214 in order to execute decree for payment of debt succession certificate under Section 274 is required to be obtained - decree in question is not payment of debt - impugned decree is

In Re: Smt. Tarak Bala Dasi (Deceased)

Court : Kolkata

Subject : Civil

Acts : City Civil Court Act, 1953 - Section 5; ;City Civil Court (Amendment) Act, 1980; ;Indian Succession Act, 1925 - Section 300

Reported in : (1989)1CALLT426(HC),93CWN812

Court shall have jurisdiction and the High Court shall not have jurisdiction to try any proceedings under Indian Succession Act 1925. He refers to Section 5(5) of the Act which refers that all suits and proceedings which are not … Succession Act, Clause (a) of the proviso stood omitted. Mr. Auddy also draws the Courts attention to the Section 274 of the Succession Act and by virtue of the said Amendment Act, a new sub-section has been substituted