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Anthony Swamy Vs. Chowramma
Karnataka
Jul-26-1988
Family
Indian Succession Act, 1925 - Sections 295 and 299; ;Code of Civil Procedure (CPC) 1908; ;Karnataka Court Fees and Suits Valuation Act, 1958 - Sections 11(4) - Schedule - Articles 4 and 11(1)
ILR1989KAR1294
letters of administration with the Will annexed purporting to have been filed under Section 213 of the Indian Succession Act, 1925 ('the Act'), while it has to be regarded as a petition filed under Section 276 of the Act. … the District Court treated the petition as a contentions case and decided it conforming to the requirement of Section 295 of the Act, which reads:'295. Procedure in contentious cases -In any case before the District Judge in which
Tag this Judgment! AI Brief & AskPhilo Peter and anr. Vs. Divyanathan and ors.
Chennai
Jan-29-1988
Civil
Succession Act, 1925 - Sections 222, 276 and 295; T.N. Court-fees and Suits Valuation Act, 1955 - Schedule - Article 11; Code of Civil Procedure (CPC)
AIR1989Mad111; (1988)IIMLJ1
out of the above said decisions, it is necessary to take notice of the relevant provisions in the Succession Act, 1925. Section 266 of the Act provides that the District Judge shall have, in relation to the granting of Probate … 276. Similarly, a proceeding for Letters of Administration is initiated by an application as provided in Section 278. Section 295, which is the important section to be considered in these proceedings, reads as follows --"If any case before
Tag this Judgment! AI Brief & AskMrs. Nalini NavIn Bhagwati and Others Vs. Chandravadan M. Mehta
Supreme Court of India
Oct-11-1996
Family Civil
Indian Succession Act, 1925 - Sections 263 and 295; Code of Civil Procedure (CPC) , 1908 - Order 9, Rules 9 and 13
1996VIIIAD(SC)414; AIR1997SC1055; (1998)1GLR202; JT1996(10)SC258; 1996(8)SCALE60; (1997)9SCC689; [1996]Supp7SCR631
the probate but directed to treat the application as a suit filed under Section 295 of the Indian Succession Act, 1925 (for short, the 'Act'). Feeling aggrieved by the latter direction, these appeals have come to be filed.4. Shri
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Dr. Mrs. I.S. Bose Vs. Mrs. H.N. Judah
Allahabad
Sep-25-1957
Civil
Succession Act, 1925 - Sections 295; High Court Rules; High Court Orders; Allahabad High Court Rules - Rule 2
AIR1958All672
as to costs. Civil - contested application for probate and letters of administration proceedings - Section 295 of Succession Act, 1925 - probate and letters administration proceedings - classed along with first appeal in the taxation matter and held,
Tag this Judgment! AI Brief & AskMultivahuji Vs. Kalindivahuji and ors.
Gujarat
Jun-11-1993
FamilyProperty
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
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 … such proceeding respondent No. 1 filed an application as Ex.150 on 15-2-1992 purporting to be an application Under Section 295 of the Indian Succession Act (hereinafter referred to as 'the said Act') to request the Court to register
Tag this Judgment! AI Brief & AskPressy Pinto Vs. Rony Maxim Pinto and ors.
Karnataka
Sep-12-2008
FamilyCivil
Indian Succession Act, 1925 - Sections 35A, 91, 92, 95, 295 and 299; Hindu Marriage Act, 1955 - Sections 24; Karnataka Court-Fee and Suits Valuation Act; Code of Civil Procedure (CPC) - Sections 2(2), 2(14), 96, 104 and 144 - Order 7, Rule 10 - Order 9, Rules 9 and 13 - Order 11, Rule 21 - Order 21, Rules 34, 72, 92 and 106(1) - Order 22, Rules 9 and 10 - Order 25, Rule 2 - Order 33, Rules 5 and 7 - Order 35, Rules 3, 4 and 6 - Order 37, Rules 2, 3 and 6 - Order 39, Rules 1, 2, 2A, 4 and 10 -Order 40, Rules 1 and 4 - Order 41, Rules 1, 2, 19, 21, 23 and 23A - Order 43, Rules 1 and 2 and Order 47, Rule 4
AIR2009Kant157; 2009(5)KarLJ601; 2009(4)AIRKarR281
of the observation of learned single Judge on earlier occasion in RFA 324/02.3. Sections 295, 299 of Indian Succession Act, 1925 and so also Sections 96, 104 and Order 43, Rules 1 and 2 of the C.P.C. are relevant … and 2 of the C.P.C. are relevant for the purpose of appreciating the above matter in the right perspective.Section 295 of the Indian Succession Act reads as under:Procedure in contentious cases.- In any case before the District Judge
Tag this Judgment! AI Brief & AskDr. (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 … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under dispule
Tag this Judgment! AI Brief & AskManmohan Singh and anr. Vs. Joginder Kaur and ors.
Delhi
Jul-19-2002
Family
Indian Succession Act, 1925 - Sections 208, 214, 276 and 295
2002(64)DRJ293
was maintaining all the expenses including those of kitchen. Further that as per Section 62 of the Indian Succession Act, 1925, it is the last Will that prevails Section 62 provides as under:32. Will may be revoked or altered … to him of administration to the estate of the deceased is necessary for seeking any kind of relief. Section 295 says 'in any case before the District Judge in which there is contention, the proceedings shall take, as
Tag this Judgment! AI Brief & AskSubal Paul Vs. Malina Paul and anr.
Supreme Court of India
Feb-13-2003
PropertyCivil
Indian Succession Act, 1925 - Sections 268, 276, 278, 283(1), 284, 295, 296 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 35A, 91, 92, 95, 96, 100, 100A, 104, 104(2), 117 and 588 - Order 39, Rules 1 and 2 - Order 43, Rule 1 - Order 41, Rule 1 - Order 49, Rule 3; Hindu Marriages Act - Sections 28; Government of India Act - Sections 108; Trade Marks Act - Sections 76; Bombay Municipal Corporation Act, 1888 - Sections 217(1) and 218D; Land Acquisition Act, 1894 - Sections 54
AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; [2003]1SCR1092
the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came up before a Bench of two Judges, … 284 of the Act provides for lodging of caveats. Once a caveat is lodged, the proceeding becomes contentious. Section 295 of the Act provides for procedure in contentious matters whereas Section 299 provides for an appeal from the
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 … High Court exercising its original jurisdiction had concurrent jurisdiction with the District Judge. The expression 'District Judge' in Section 295 of the Indian Succession Act as elsewhere in the said Act means and includes a Judge of the
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