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Vera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey

Court : Mumbai

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

her application for letters of administration together with all documents, for presentation to the District Judge, Poona, under Section 288 of the Indian Succession Act, 1925. 2. On 6th October 1973, one D. A. Thakersey died intestate at … 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

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … to be treated as civil suit and is to be decided as such Under Section 295 read with Section 288 of the said Act. However, the limitations or restrictions under which the probate Court is acting shall remain

Bai Zabu Khima Vs. Amardas Balakdas

Court : Gujarat

Subject : CivilProperty

Acts : Succession Act, 1925 - Sections 2, 265, 283, 288 and 295; Saurashtra District and Subordinate Civil Courts Ordinance, 1948 - Sections 28-A (1); Bombay Civil Courts Act, 1869 - Sections 28-A; Bombay Civil Courts (Extension and Amendment) Act, 1958 - Sections 8; Code of Civil Procedure (CPC), 1908 - Order 19, Rules 1 and 2

Reported in : AIR1967Guj214; (1967)0GLR281

the powers of a District Judge or a District court as the case may be under the Indian Succession Act, 1925, and in exercise of the powers conferred under this Section the High Court of Saurashtra issued a Notification … whom the application was made in order that the same may be presented to the District Judge under Section 288, reading Sections 265 and 288 together it is manifest that a civil Judge, Senior Division, cannot grant letters

Sri Ajoy Kumar Maiti Vs. Dr. Anil Kumar Maiti and ors.

Court : Kolkata

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 247, 265, 272, 284, 286, 287 and 288; ;Constitution of India - Article 227

Reported in : (2008)IVCALLT315(HC)

the facts of the instance case, the learned Court below failed to take into consideration the provisions of Section 288 of the Indian Succession Act, 1925. The said section is quoted below:Section 288. Procedure where there is contention, … order, being Order No. 6 dated 28th February, 2007, whereby an application under Section 247 of the Indian Succession Act, 1925, was allowed, appointing the petitioner/executor as administrator pendente lite.4. In the instant application, the petitioner herein is the

Atma Ram Vs. Smt. Janki and ors.

Court : Himachal Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 265, 286 and 288

Reported in : AIR1998HP14

in dispute that Senior Sub Judge was delegate of District Judge appointed under Section 265 of the Indian Succession Act, 1925 (heerinafter referred to as 'the Act'), which clearly stales that appointment of District Delegate is made to grant … recognised agent or by a pleader duly appointed to act on his behalf, to oppose the proceeding.7. Further, Section 288 of the Act prescribes the procedure where there is contention, or District Delegate thinks probate or letters of

Balbhadra Singh Alias Balbhadra NaraIn Singh Vs. Munaka Devi and ors.

Court : Patna

Subject : Family

Judge in seisin of the proceeding to grant probate of a will in a proceeding under the Indian Succession Act, 1925 (the Succession Act' in short). The objection having been rejected he has come to this Court in revision.2. … Balbhadra Singh, an Advocate of this Court appearing in person, in support of his contention are contained in Sections 2(bb), 264, 265, 286 of the Succession Act. The said provisions in so far as relevant may be … observations occurring in the latter may be noticed :Reading Sections 265 and 288 together it is manifest that a civil judge, senior division, cannot grant

Narendra Nath and anr. Vs. Sm. Fakirmani Dassi and ors.

Court : Kolkata

Subject : Civil

Acts : Succession Act, 1925 - Sections 263 and 288; ; Bengal, Agra and Assam Civil Courts Act, 1887 - Section 23

Reported in : AIR1952Cal20

of. the Bengal, Agra and Assam Civil Courts Act, 1887, 'to take cognisance of proceedings under the Indian Succession Act, 1925, which cannot be disposed of by District Delegates.' In the schedule which follows it is mentioned that two … Delegate. The section states that the District Delegate may grant probate and Letters of Administration in non-contentious cases. Section 288 then proceeds to state that in every case where there is contention the District Delegate will return the

Smt. Ratna Chakraborty Vs. Smt. Rekha Chakraborty

Court : Kolkata

Subject : Family

Acts : Succession Act, 1925 - Sections 288 and 295

Reported in : AIR2004Cal24

or bad is not within the purview of the probate Court.'11. Part IX, Chapter 1, of the Indian Succession Act, (Act XXXIX of 1925) deals with grant of probate and letters of administration.12. Under Section 265 of the … such application, leaving the party applying for the grant in question to make application to the Judge.15. Under Section 288 the procedure has been prescribed where there is a contention or the learned District Delegate thinks probate or

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 … legal representative of the deceased. (Ma Min Dwe v. C. A. P. C. Shunmugam Chetty (1912) 5 B.L.T. 288). This is clear from, another rule of procedure which is laid down in Sections 50 and 52 of

Dwarkadas Nathamal Vs. Vimal Alias Yamuna and ors.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 2, Rules 1 and 2, 2(2) and 2(3) - Order 21, Rules 100 and 103; Limitation Act - Sections 2 - Schedule - Article 109

Reported in : AIR1964Bom42; (1963)65BOMLR588; ILR1964Bom68

Appeal No. 342 of 1950, decided by Kotval J., on August 31, 1956 (Unrep.), referred to. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … appreciation of the ratio or the Privy Council decision. In Ramchandra Adaram v. Loana Court 26 Bom LR 288: AIR 1924 Bom 363 a Division Bench consisting of Sir Norman Macleod, C. J., and Shah J. had