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Sakinabi and ors. Vs. Salebhai Hasanali Engineer

Court : Mumbai

Subject : Property

Acts : Presidency Small Cause Courts Act, 1882 - Sections 41; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 1 and 2; Succession Act, 1925 - Sections 305 and 306

Reported in : AIR1967Bom9; (1965)67BOMLR571; ILR1966Bom100

41 - Civil Procedure Code (Act V of 1908), Order XXII, Rules 1, 4--Indian Succession, Act (XXXIX of 1925), Sections 305, 306--Ejectment proceedings against licensee under Section 41, Presidency Small Cause Courts Act--Whether such proceedings can be … death of a person, the relevant statutory provisions are contained in Sections 305 and 306 of the Indian Succession Act. These sections provide as follows:'305. An executor or administrator has the same power to sue in respect of

Shri Shridhar and Baba Keshav Phadke and ors. Vs. Shri Shivram and Bal ...

Court : Mumbai

Subject : CivilFamily

Reported in : (1997)99BOMLR744

with al 1 the power of a District Judge to take cognizance of any contested proceeding under Indian Succession Act, 1925, arising within the local limits of their respective jurisdiction that may be transferred to them by their respective … at the earliest point of time and preferably before issues are settled. This has been statutorily recognised in Section 21 of the Code of Civil Procedure, where the case of territorial jurisdiction or pecuniary jurisdiction the objections … is provided in the Civil Manual Vol. I of 1986 Edition Rule 305.Rule 305(i) provides that the High Court has appointed all Civil Judges to

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Subject : Land Acquisition

Civil Judge with the powers of District Judge under the Indian Succession Act, 1925 in terms of paragraph 305 of the Civil Manual. There is a difference between 'investment of power' and 'delegation of power'. In case … Court Act,1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925. 2. The declaration and consequential reliefs have been sought in the following facts and circumstances: A) On 25.3.1997,

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Subject : Land Acquisition

Civil Judge with the powers of District Judge under the Indian Succession Act, 1925 in terms of paragraph 305 of the Civil Manual. There is a difference between 'investment of power' and 'delegation of power'. In case … Court Act,1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925. 2. The declaration and consequential reliefs have been sought in the following facts and circumstances: A) On 25.3.1997,

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940 - Sections 17, 30, 33, 34, 36, 39 and 41; ;Indian Succession Act, 1925 - Sections 211, 211(1), 213, 213(1), 299, 305, 307 and 307(1); ;Indian Succession Act, 1865 - Section 187; ;Evidence Act, 1872 - Sections 92 and 118; ;Indian Contract Act - Section 23; ;Probate Act - Section 187; ;Limitation Act, 1963 - Section 16; ;Limitation Act, 1908 - Section 17 and 17(1)

Reported in : AIR2001Cal122,(2001)3CALLT218(HC)

with a copy of an authenticated copy of the will annexed.'21. Prior to coming into force of Indian Succession Act, 1925, there was Indian Succession Act of 1865 and Section 187 thereof contained an identical provisions which is set … absence of qualification as to time which 1 have noticed in respect of Section 211 also applies to Section 305 under which all cases of action that survive the deceased accrue to the executor or administrator, as the

Manohar Son of Bapurao Sapre Vs. Bhaurao Son of Tukaramji Shirbhate an ...

Court : Mumbai

Subject : Family

Acts : Succession Act, 39 of 1925 - Sections 276, 384 and 388; Bombay Civil Courts Act, 1869 - Sections 28A; Succession Certificate Act, VII of 1889 - Sections 26(1); Bombay Regulation, VIII of 1827 - Sections 2; General Clauses Act, 1897 - Sections 24; Indian Succession Act, 1865; Probate and Administration Act, 1881; Code of Civil Procedure (CPC), 1908

Reported in : AIR1996Bom29; 1995(4)BomCR661; 1995(2)MhLj336

305) of the Civil Manual and he also submits that in view of Section 388 of the Indian Succession Act, 1925 the appeal could lie only before the District Judge and not to this Court as submitted by the

M. Narayanamma Vs. Lakshmidevi and Others

Court : Karnataka

Subject : Land Acquisition

the subject. The relevant provisions of law are extracted hereunder for ready reference. Section 63(c) of the Indian Succession Act, 1925 “63(c). The Will shall be attested by two or more witnesses, each of whom has seen the testator … this Court in Harihar Prasad v. Deo Narain Prasad, 1956 SCR 1 at p.9 = (AIR 1956 SC 305 at p. 309). The High Court therefore was not entitled to presume from the production of the copy

Wealth-tax Officer Vs. Miss K.P. Sarojini

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (1987)21ITD518(Delhi)

of the executrix and there is no escape from that.Chapter VI, Sections 305 to 315 of the Indian Succession Act, 1925 (Central Act No. XXXIX of 1925) deal with the powers of an executor and Chapter VII of the … properties left by the father of the assessee as per Estate Duty order Rs. 4,80,687. Exemption available under Section 5(1)(A) of the Act and estate duty and taxes payable were allowed as deduction in accordance with the

Sabita Behera Vs. Prafulla Kumar Das and ors.

Court : Orissa

Subject : Family

Acts : Hindu Law; Hindu Marriage Act, 1955 - Sections 13 and 14; Code of Civil Procedure (CPC) - Order 9, Rule 13 - Order 22, Rule 4

Reported in : 1997(I)OLR116

such an aggrieved spouse. It is also pertinent to note that as per Section 305 of the Indian Succession Act, 1925 an executor or administrator has the same power to sue in respect of ail causes of action that

Smt. Yallawwa Vs. Smt. Shantavva

Court : Supreme Court of India

Subject : Family Civil

Acts : Code of Civil Procedure (CPC) - Order 5, Rule 20 - Order 9, Rule 13 - Order 22, Rule 1; Hindu Marriage Act, 1955 - Sections 13, 15 and 28; Constitution of India - Article 136; Hindu Adoption and Maintenance Act, 1956 - Sections 9

Reported in : AIR1997SC35; II(1996)DMC579SC; JT1996(9)SC218; (1997)2MLJ4(SC); 1996(7)SCALE484; (1997)11SCC159; [1996]Supp7SCR268; 1996(2)LC746(SC)

such an aggrieved spouse. It is also pertinent to note that as per Section 305 of the Indian Succession Act, 1925 an executor or administrator has the same power to sue in respect of all causes of action that