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Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e. … states that every application for letters of administration shall be made by a petition in the prescribed form. Section 297 inter alia states that when a grant of probate is revoked, all payments bona fide made to an

Valerine Basil Pais and ors. Vs. Gilbert Willam James Pais and anr.

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 227, 273 and 297

Reported in : II(1993)DMC150; 1992(2)KarLJ301

the procedural requirements were satisfied before the probate was granted by the Court. Section 227 of the Indian Succession Act, 1925, says that probate of a Will when granted establishes the Will from the death of the testator and … Will from the death of the testator and renders valid all intermediate acts of the executor as such. Section 297 declares that when a grant of probate is revoked, all payments bona fide made to any executor or

Naresh Chandra Ghosh and ors. Vs. Archit Vanijya Viniyog Ltd. and ors.

Court : Kolkata

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC), 1908 - Section 151 - Order 1, Rule 10 - Order 6, Rule 17 - Order 29, Rule 4, Order 39, Rules 1, 4 and 5;; Indian Succession Act, 1925 - Sections 279 and 297;; Transfer of Property Act, 1882 - Section 52

Reported in : (1999)3CALLT269(HC)

the question as to whether in the facts and circumstances of this case section 297 of the Indian Succession Act would be applicable was required to be decided in the suit itself and, thus the learned Judge could

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

Subject : Land Acquisition

certain properties.-This Act shall not apply to- (i) any property succession to which is regulated by the Indian Succession Act, 1925, by reason of the provisions contained in section 21 of the Special Marriage Act, 1954; (ii) any estate … taken to amend certain notifications issued under Section 60A of the Indian Income-tax Act, 1922 and continued by Section 297 of the Income-tax Act, 1961, with a view to suitably modifying the notifications insofar as they relate to

Emperor Vs. Merwanji M. Mistry

Court : Mumbai

Subject : Criminal

Reported in : (1928)30BOMLR375

to offences under the Indian Penal Code.;Emperor v. Pandu Ramji (1926) 28 Bom. L.R. 297, followed. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very

Madansa Annasa JaIn Vs. Union of India and anr.

Court : Mumbai

Subject : CivilLimitation

Acts : Limitation Act, 1908 - Schedule - Articles 30, 31, 36, 48 and 49; Code of Civil Procedure (CPC), 1908 - Sections 80; Railways Act - Sections 55, 56, 72 and 77

Reported in : AIR1971Bom34; (1972)74BOMLR568; 1971MhLJ338

Mad. 133 and Secy, of State v. Simla Footwear Co. [1935] A.I.R. All. 601, referred to. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … Indian Limitation Act, 1908.;Martab Ali v. Union of India (1953) 56 Bom. L.R. 150, s.c. [1054] A.I.R. Bom. 297 and Venkatasubba Rao v. The Asiatic Steam Navigation Co., Calcutta (1915) I.L.R. 39 Mad. 1, f.b., s.c. [1916]

Ranchhoddas Govinddas Banatwala

Court : Mumbai

Subject : Family

Reported in : (1976)78BOMLR219; 1976MhLJ636

other than a liquidated sum of money is a debt as contemplated by Part X of the Indian Succession Act, 1925, so as to enable the Court to issue a succession certificate in respect thereof.2. The facts which have … sum of money or a security falling within the definition of that term given in Sub-section (2) of Section 370 of the Indian Succession Act, 1925. Accordingly, this petition was placed before me for hearing. As this … an opportunity to produce a succession certificate. The High Court observed (p. 297) :.The Succession Certificate Act is partially, at any rate, a fiscal enactment,

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1996)56ITD232(Delhi)

completion of the administration of the will. Our attention was also invited to Section 211 of the Indian Succession Act, 1925 in support of the contention that the property vests in the executor though he is not the owner … of the Supreme Court in the case of CIT v. Sun Engg. Works (P.) Ltd. [1992] 198 ITR 297, observations of the Court in a decision must be understood in the light of question before the Court

M/S. Sri Gajanan Stores Rep. by Its Managing Partner Sudhakar Phadki, ...

Court : Andhra Pradesh

Subject : Land Acquisition

as follows: O.P.No.342 of 1995: This O.P. was filed by the petitioners therein under Section 276 of Indian Succession Act, 1925 (for short ‘the Act’) for granting probate of the Will, dated 06-08-1993 pertaining to the petition ‘A’ and … similar view was taken by the Allahabad High Court in TRILOKI NATH v. KANHIYA LAL AIR 1978 ALLAHABAD 297. Another decision of the Madhya Pradesh High Court reported in MAYANK @ VAIBHAVA VS PUBLIC IN GENERAL AIR

William Jacks and Co. (India) Ltd. Vs. Skipper Sales Pvt. Ltd. and ors ...

Court : Delhi

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 40, Rules 1 and 2; Specific Relief Act, 1963 - Sections 5 and 6; Constitution of India - Article 300A

Reported in : 1997VIAD(Delhi)357; 69(1997)DLT36

to Public Witness .I, he being her brother. He had obtained Probate under Section 289 of the Indian Succession Act, 1925 in the Court of Mr. N.C. Kochhar, District Judge, Delhi (as His Lordship then was) in Probate Case