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Khamarunnissa @ Khammar Bai and anr. Vs. Fazal HussaIn @ Afsar HussaIn ...

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 320, 323 and 325; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 13; Evidence Act, 1872 - Sections 45, 47, 48 and 73; Mohammedan Law

Reported in : 1997(1)ALT152

the estate of the deceased which should be governed by Sections 320, 323 and 325 of the Indian Succession Act, 1925. Such a suit is maintainable as per the settled law (Article 39 and Chapter 5 of the Mulla's … In law, Ex. B-13 and the testimony of D.W.2 amounts to opinion evidence and that is relevant Under Section 48 of the Indian Evidence Act. Such an opinion is not only relevant in regard to the existence

Pr. N. Sm. Chockalingam Chettiar Vs. the Official Assignee

Court : Mumbai

Subject : PropertyCivil

Reported in : (1943)45BOMLR563

Insolvency Act.20. There is no trace of any such priority being recognised by the provisions of the Indian Succession Act which in terms assign specific priorities to the debts of a dead man (see Sections 320-322), although no … Jaffna and Colombo in Ceylon. In 1919 Ramanathan died and in 1923 the father died. On May 14, 1925, letters of administration w?:re granted by the District Court of Jaffna to Arunachalam and Sundaresan on the footing … claims satisfied thereout. All that can vest in the Official Assignee under Section 17 of the Presidency-towns Insolvency Act is the property of the insolvents,

Harsh Vardhan Lodha and Others Vs. Devendra Kumar Mantri and Others

Court : Kolkata

Subject : Right to Information

AIR 1933 Bom 342, Pandurang Shamrao Laun and ors. vs. Dwarkadas Kalliandas and ors.; APL and Receiver under Succession Act, 1925, Section 247 It was held that - the position of an administrator pendente lite is similar to that of … for the purpose. This section in terms does not apply to an administrator. There is, however, provision in Section 320 for payment of funeral expenses which are binding on executors and administrators. Does sapindakaran sraddha come within the

Harsh Vardhan Lodha and ors. Vs. Devendra Kumar Mantri and anr.

Court : Kolkata

Subject : Education

h) AIR 193.Bom 342, Pandurang Shamrao Laun & ors. vs. Dwarkadas Kalliandas & ors.; APL and Receiver under Succession Act, 1925, Section 247 It was held thatthe position of an administrator pendente lite is similar to that of a receiver, … for the purpose. This section in terms does not apply to an administrator. There is, however, provision in Section 320 for payment of funeral expenses which are binding on executors and administrators. Does sapindakaran sraddha come within the

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

Subject : PropertyFamily

Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533

pay the claims of all creditors in full, the executor is bound, under Section 323 of the Indian Succession, Act, 1925, to pay them equally and rateably so far as the estate of the deceased, permits. It is not … : ' Save as aforesaid,'- viz., save as to the payment first of funeral and death-bed expenses under Section 320, secondly, of the expenses of obtaining forensic recognition and other judicial proceedings under Section 321, and, thirdly, the

Nazarali Kazamali and ors. Vs. Fazlanbibi and ors.

Court : Gujarat

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 6, Rule 3 - Order 20, Rule 13 - Order 48, Rule 3; Suits Valuation Act, 1887 - Sections 8; Suits Valuation (Amendment) Act, 1964; Bombay Court Fees Act, 1959 - Sections 6

Reported in : AIR1975Guj81

The order set forth above is in accordance with the provisions of the Indian Succession Act, 1925, Secs, 320, 323 and Section 325. As laid down in paragraph 40 of Mulla's principles of Mahomedan Law, the executor … or administrator, as the case may be, of a deceased Mahomedan, is, under the provisions of the Indian Succession Act, 1925, Section 211, his legal representative for all purposes, and all the property of the deceased vests in him as

Mt. Nand Rani Vs. Krishna Sahai and ors.

Court : Allahabad

Subject : Family

Reported in : AIR1935All698

estate was in possession of his mother as a Hindu female. According to the provisions of Section 320, Succession Act (39 of 1925):Funeral expenses to a reasonable amount according to the degree and quality of the deceased and

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

the apprehension expressed by the State-level committee is unfounded.41. The Christians in India are governed by the Indian Succession Act, 1925. It is stated that by operation of Section 1 notification issued under the Government of India Act of … commissions which were supposed to be totally independent and impartial while discharging their function in terms of Article 320 have become victims of spoils system. With the passage of time appointment t these high offices became personal

Saumindra Bhattacharya Vs. State of Bihar and anr.

Court : Supreme Court of India

Subject : Food Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 2, 11, 11(1), 11(2), 11(3), 12, 14, 14A, 16, 16(1AA), 17 and 20; Indian Penal Code (IPC) - Sections 320; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2009(II)OLR(SC)877; 2009(13)SCALE29; 2009(10)LC4642(SC)

of High Court not maintainable - Proceedings against Accused No. 3 also quashed - Appeal allowed - INDIAN SUCCESSION ACT, 1925 Section 63: Validity of Will Held, Theory of spiritual well-being of deceased soul has no reference in judging validity … 2, 16, 17 of the Prevention of Food Adulteration Act, 1954, hereinafter 'the Act' for short, read with Section 320 of the IPC. The complainant and three other witnesses were examined by the Magistrate. In the meanwhile, the

Om Parkash vs.sri Kishan & Ors.

Court : Delhi

Subject : Land Acquisition

office of Sub-Registrar, the attesting witness DW-2 Sh.Vinod Kumar Sharma. The requirements under Section 63 of the Indian Succession Act, 1925 to prove the WILL and legal position dealt with in various judicial pronouncements on the subject was considered … court of India in 1995(2) UJ(SC) 1995 (5) JT163 1995(2) Scale 560:1995. (Supp.2) SCC664:1995. AIR(SC) 1852:1995. Legal Eagle 320 titled P.P.K.Gopalan Nambiar Vs. P.P.K.Balakrishnan Nambiar dated 7.3.1995. The plea of the respondent/plaintiff that the second attesting witness