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G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

rateably, any rights enforceable against the creditors who have been paid in full or in excess Section 323, Succession Act, 1925, replaced Section 282, Succesaion Act, 1865, and Section 104, Probate and Administration Act, 1881. Section 282, Succession Act,

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

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

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

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 … on the tribal development recommended codification of customary laws prevalent among the tribals in its report at pages 323-24 of the Planning Commission documents. Dr. B.L. Maharde, a bureaucrat of Rajasthan Civil Services, in his 'history and

Lydia Agnes Rodriques Nee D'Cunha and Others Vs. Joseph Anthony D'Cunh ...

Court : Mumbai

Subject : Education

their siblings Mrs Annie D'souza, Mr Joseph D'Cunha and Mr Edwin D'Cunha as his heirs under the Indian Succession Act 1925 by which he was governed. Mrs Annie D'Souza expired on 5th July 1993 and is survived by petitioner … fraud committed by the respondents and/or their predecessor and is thus within time. Learned counsel submits that under Section 263 of the Indian Succession Act, grant of probate can be revoked if the just cause described therein … Virudhunagar and ors. vs. East India Corporation Ltd., Madurai (AIR 1976 Madras 323)(paragraph 9 and 14). 16. Mr Menezes placed reliance on following Judgment in

Mukesh Ramanlal Gokal and Another Vs. Ashok Jagjivan Gokal and Others

Court : Mumbai

Subject : Land Acquisition

to continue as executors and/or trustees. 48. On conjoint reading of Sections 323, 333, 363, 358 and 369 of the Indian Succession Act, 1925 it … respondent Nos.1 and 2. Learned counsel placed reliance on Sections 192, 193, 301, 317 and 318 of Indian Succession Act 1925 in support of his submission that respondent Nos.1 and 2 who have acted contrary to the interest of … already having been filed by the petitioners against the first respondent. Mr Andhyarujina, learned counsel submits that under Section 317 of the Indian Succession Act, it is duty of the Executor to submit Inventory within six months

In Re: Sir Harilal Nemchand Gosalia

Court : Mumbai

Subject : Civil

Acts : Court-fees Act, 1870 - Sections 19B and 19I

Reported in : AIR1950Bom74

of the deceased. The position as regards the right of the executor is made clear by Section 323, Succession Act, 1925, .which provides that 'the executor or administrator shall pay all such debts as he knows of, including his

b.k Educational Services Pvt Ltd Vs. Parag Gupta and Associates

Court : Supreme Court of India

Subject : Land Acquisition

to pay a time-barred debt. This, the Court held, is made clear by Section 323 of the 39 Succession Act, 1925, which made no exception in case of time-barred debts. It is in this context that the Court noted

The Union of India (Uoi) Vs. the Official Assignee of Bombay

Court : Mumbai

Subject : Constitution

Reported in : (1971)73BOMLR623; 1971MhLJ884

conflict with any provision of the Constitution but is founded upon an important principle of public policy.;The Indian Succession Act, 1925, has not taken away, modified or abrogated any part of the above doctrine of the common law right … is in no sense a creditor of the deceased. Alternatively it was contended that Sections 321 read with Section 323 of the Indian Succession Act creates a statutory right to payment of costs of administration in priority to