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Apr 07 1978

John Guruprakasam Vs. Yovel Nesan and ors.

Court : Kerala

Decided on : Apr-07-1978

Subject : FamilyProperty

Acts : Specific Relief Act, 1963 - Sections 34; Succession Act, 1925 - Sections 213

Reported in : AIR1979Ker96

dismissed with costs. Property - will - Section 34 of Specific Relief Act, 1963 and Section 213 of Succession Act, 1925 - under Section 213 unprobated Will cannot establish right conferred thereunder - no useful purpose will be served

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Dec 21 2001

Bindeshwari Vs. Board of Revenue and ors.

Court : Allahabad

Decided on : Dec-21-2001

Subject : Property

Acts : Uttar Pradesh Land Revenue Act, 1901 - Sections 34; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 169 and 171; Constitution of India - Article 226

Reported in : 2002(1)AWC498

succession. Section 30 of the Hindu Succession Act. 1956, provides for testamentary succession. Similarly part 6 of Indian Succession Act, 1925, Section 57, refers to testamentary succession by Will. Thus, although Will is not a transfer but Will is a … as sons of Shiv Balak, deceased and entry was made by revenue inspector, The proceedings for mutation under Section 34 of U.P. Land Revenue Act was initiated by the respondents claiming that their names should be mutated in

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Aug 18 2006

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Decided on : Aug-18-2006

Subject : CivilFamily

Acts : City Civil Court Act, 1953 - Sections 2(3), 5, 5(1) and 5(3); ;Indian Succession Act, 1925 - Sections 2, 270, 300 and 300(1); ;Guardians and Wards Act, 1890; ;Indian Lunacy Act, 1912; ;City Civil Court (Amendment) Act, 1980

Reported in : (2007)1CALLT227(HC)

of 1890)(ii) X X X X X X(iii) the Indian Lunacy Act, 1912 (39 of 1925)(iv) the Indian Succession Act, 1925 (39 of 1925)7. Sub-section (1) of Section 300 of the said Act of 1925 empowers the High Court … Hon'ble Court as well as City Civil Court at Calcutta.3. The applicant contended that the provision of Clause 34 of the letters patent of the rules of this Court in its Original Side was no more applicable

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Jul 06 1971

Aysha Beevi Mariya Ummal Kunju and ors. Vs. Abdul Karim Rahuma Beevi a ...

Court : Kerala

Decided on : Jul-06-1971

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC) , 1908 - Order 34, Rule 4

Reported in : AIR1972Ker64

they shall not be asked to produce a succession certificate as required by Section 214 of the Indian Succession Act, 1925 as the debt defined in that Section does not include a decree for the enforcement of the mortgagee's … Kaviraj Basudevanand v. Raghubir Saran Rastogi, AIR 1955 Pat 284 held that though a decree passed under Order 34, Rule 6, Civil P. C. may be a decree for payment of a debt, the final decree for

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Nov 25 2004

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Subject : Trusts and SocietiesProperty

Acts : Andhra Pradesh (Telangana Areas) Wakf Rules - Rule 156; Hyderabad Endowment Rules - Sections 36; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 1(3), 14, 16, 42, 80(1) and 87; Code of Civil Procedure (CPC) - Sections 96(3) and 141 - Order 23, Rule 3; Andhra Pradesh Writ Proceedings Rules, 1977 - Rule 24; Constitution of India - Article 226; Indian Succession Act, 1925 - Sections 11, 373 and 387; Income Tax Act - Sections 34(3)

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

the question for consideration was whether an order of granting succession certificate under Section 373 of the Indian Succession Act, 1925 would operate as res judicata to the suit for partition in a civil court between the same parties. … first appellant court in favour of the father bf respondent No. 1, they filed special leave petition No. 3427 of 1980 in this Court aggrieved by the judgment and decree passed by the High Court in the

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May 19 2006

In Re: Priyambada Debi Birla (Deceased)

Court : Kolkata

Decided on : May-19-2006

Subject : Family

Acts : Companies Act, 1956 - Section 247 and 247(IA);; Indian Succession Act, 1925 - Sections 211, 213, 214, 247 and 319;; Chartered Accountants Act, 1942;; Evidence Act - Section 111;; Probate Act, 1857;; Indian Probate and Administration Act, 1881 - Section 34;; Indian Penal Code (IPC) - Sections 406, 417, 420 and 120B;;Code of Criminal Procedure (CrPC) - Sections 200 and 482;; Code of Civil Procedure (CPC)

Reported in : (2006)3CALLT547(HC)

of their existence or he deliberately concealed the same. According to him under Section 319 of the Indian Succession Act, 1925 the foremost duty of an executor is to acquaint himself with the assets and properties of the deceased … of this Court was again of the view while dealing with the corresponding provision of present Section 247 (Section 34 of the Indian Probate and Administration Act, 1881) that not only there must be a contest in the

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Jan 25 1972

Bankimchandra Shivashanker and ors. Vs. Vishnuprasad Meganlal Vaidya a ...

Court : Gujarat

Decided on : Jan-25-1972

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 67; Indian Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC), 1908 - Order 34, Rules 4 and 5

Reported in : AIR1973Guj78; (1972)GLR905

and that the suit was not maintainable in view of the provisions of Section 214 of the India Succession Act. 1925 (hereinafter referred to as the Act), as the plaintiffs who were claiming under the will of the section. … against the mortgagor would arise at a later stage as would be evident from the provisions of Order 34 of the Civil Procedure Code. According to Rule 4 of Order 34 of the Code, in a suit

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Apr 18 2002

Orissa Oil Industries Limited Vs. Tribal Cooperative Marketing Develop ...

Court : Delhi

Decided on : Apr-18-2002

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 12, 13, 16, 16(2), 16(3), 16(5), 16(6), 34 and 37; Constitution of India - Article 14; United Nations Commission on International Trade Law (UNCITRAL), 1985; Mines Act, 1952; Indian Succession Act, 1925 - Sections 29(2)

Reported in : 2002VIIAD(Delhi)198; 98(2002)DLT659; 2002(65)DRJ682

contended on behalf of the respondents, though faintly, that by reason of Section 29, Sub-section (2), the Indian Succession Act, 1925 must be deemed to have adopted by reference all laws for the time being in force relating to … there against in terms of Section 37 of the Act nor such a case would by converted by Section 34 thereof.6. The learned counsel would, thereforee, contend that in any event if such a question can be raised

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Dec 22 1988

Smt. Chandania Vs. Gyan Chand and ors.

Court : Allahabad

Decided on : Dec-22-1988

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 34; Succession Act, 1925 - Sections 74 and 75; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101

Reported in : AIR1989All75

for - suit not barred under Section 34. (ii) Authenticity of Will - Sections 74 and 75 of Succession Act, 1925 - suspicion of vested interest - if person shows interest in or takes part in execution of Will

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Aug 07 2007

B.K. Gupta Vs. Ravinder Seth

Court : Delhi

Decided on : Aug-07-2007

Subject : Criminal

Acts : Hindu Succession Act; Indian Succession Act, 1925 - Sections 381; Indian Penal Code (IPC) - Sections 34, 109, 114, 120B, 193, 199 and 420; Code of Criminal Procedure (CrPC) - Sections 195 and 195(1)

Reported in : 2007(97)DRJ604

21. As a back up to the challenge it is urged that under Section 381 of the Indian Succession Act, 1925 the effect of a certificate with respect to the debts and securities specified therein has to be treated … was the constituted attorney of his mother, filed a complaint, inter-alia, invoking Sections 193, 199, 420, 109, 114, 34 and 120B IPC. 16. He stated in the complaint that order passed in favor of his mother on

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