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Syed Askari Hadi Ali Augustine Imam and anr. Vs. State (Delhi Admn.) a ...
Supreme Court of India
Mar-03-2009
Criminal
Indian Succession Act, 1865 - Sections 63 and 276; Evidence Act, 1872 - Sections 8, 8(1), 40 to 43 and 68; Probate and Administration Act, 1881 - Sections 12 and 59; Succession Act, 1925 - Sections 227 and 273; Indian Penal Code (IPC) - Sections 34, 420, 444, 448 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 309, 340(1), 341, 343(2); Constitution of India - Article 136; ; ;
2009AIRSCW3251; AIR2009SC3232; JT2009(4)SC522; 2009(3)SCALE604; (2009)5SCC528; 2009AIRSCW3251; 2009(2)LHSC961; [2009] 3 SCR 1017
administrator : vide Sections 12 and 59, Probate and Administration Act, 1881, corresponding to Sections 227 and 273, Succession Act, 1925, which now incorporates that Act, Section 41, Evidence Act etc: Babu Lal v. Hari Bakhsh (1918) 13 P.R. … filing of the complaint. The hearing and ultimate decision of the appeal is bound to take time. Section 343(2) confers a discretion upon a court trying the complaint to adjourn the hearing of the case if it
Tag this Judgment! AI Brief & Askindira Rani Ghose Vs. Akhoy Kumar Ghose
Mumbai
Oct-13-1932
Family
(1933)35BOMLR211
a true construction of the will as a whole, Section 131 and not Section 124 of the Indian Succession Act, 1925, was applicable, and that the half share of S, on his death without male issue, passed under the … to which reference has been made shall cease to have paramount effect. Their Lordships are well aware of Section 343 of the Indian Succession Act, as a result of which the annuities at any rate might be provided
Tag this Judgment! AI Brief & AskS. Jhansi Laxmi Bai and ors. Vs. Pothana Apparao and ors.
Supreme Court of India
Mar-17-1969
Property
Indian Succession Act, 1925 - Sections 105(1)
AIR1969SC1355; (1969)2SCC91; [1970]1SCR28
and Seshagirirao may have failed, but that question does not arise for consideration.10. Section 105 of the Indian Succession Act, 1925, which applies to the wills of Hindus provides:(1) If the legatee does not survive the testator, the legacy … shall be accelerated. Counsel relies upon the judgment of Wickens, V.C., in Browne v. Hope L.R. 14 EC 343.) and contends that a legacy does not lapse, if the testator does two things-he, in clear words, excludes
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Kumud Lall versus Suresh Chandra Roy (Dead) Through Lrs and Others
Supreme Court of India
May-04-2026
[2026] 5 S.C.R. 301
to what extent.Headnotes†Consumer Protection Act, 1986 - ss.13(7), 2(b)(v) - Consumer Protection Act, 2019 - ss.38(12), 2(5)(vi) - Succession Act, 1925 - s.306 - Legal Representatives Suits Act, 1855 - Code of Civil Procedure, 1908 - Ord. 22, r.4 … Supreme Court held as under: 38 2001 (1) CPR 45[2026] 5 S.C.R. 343 Kumud Lall v. Suresh Chandra Roy (Dead) Through Lrs and Others“The death … heirs. On notice, both wife and son filed applications4 under Order XXII5 Rule 16 and 47 read with Section 1518 of Code of Civil Procedure (in short ‘CPC’) and Section 229 of 1986 Act, praying to drop
Tag this Judgment! AI Brief & AskG. Shambhavi Rao Vs. G. Jayalaxmi Rao and Others
Karnataka
Aug-07-2014
Land Acquisition
variations in his intention, a disposition which requires the testator's death for its consummation. Section 61 of Indian succession Act, 1925 states that a Will or any part of a Will, the making of which has been caused by
Tag this Judgment! AI Brief & AskSushila Bai Vasudev Rao Bodhanker (died per LRs) and Others Vs. Govind ...
Andhra Pradesh
Jan-21-2016
Land Acquisition
attestation is also not proved, the fact of execution is of no avail. Section 63 of the Indian Succession Act, 1925 also lays down certain rules with regard to the execution of unprivileged Wills. Clause (C) of Section 63
Tag this Judgment! AI Brief & AskStephen Court Limited Vs. the Official Trustees of West Bengal
Kolkata
Dec-21-1999
Property limitation
Transfer of Property Act, 1882 - Section 53A;; Registration Act, 1908 - Section 49;; Specific Relief Act, 1963 - Sections 10 and 13;; Indian Succession Act, 1925 - Sections 2, 273, 274, 300 and 302;; City Civil Court Act, 1953 - Sections 2(5), 5(3) and 22;; Official Trustees Act, 1913 - Sections 25 and 26;; Evidence Act, 1872 - Section 115;; Code of Civil Procedure (CPC), 1908 - Section 11 - Order 1, Rule 13 - Order 6, Rule 4;; Calcutta High Court Original Side Rules - Rules 3 and 13;; Indian Companies Act, 1913;; Specific Relief Act, 1877 - Section 27A;; Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947;; Constitution of India - Article 311(1);; Rent Control Act - Section 11;; Land Reforms Act - Sections 106 and 125(3);; Limitation Act, 1963 - Section 17
(2000)2CALLT1(HC)
and estoppel. It was further submitted that the appellant's application was maintainable under section 302 of the Indian Succession Act, 1925 and the order passed thereon could not be void. On the merits the appellant submitted that even though … India by a Division Bench of this Court in Btbi Jawahir Kumari v. Chatterput Singh [1905] II CLJ 343. However in Ariff v. Jadunath [1931] 58 IA 91 it was held that unless the right to sue
Tag this Judgment! AI Brief & AskVijay Shanti Edu. Trust Vs. State of Rajasthan and anr.
Rajasthan
Sep-15-2000
Trusts and Societies
2001(4)WLC345; 2001(1)WLN191
Jains in India distinct from other major communities viz. Hindus, Muslim, Sikh, Buddhist. Section 218 of the Indian Succession Act, 1925 which provided the persons to whom grant of probate and letters of administration could be granted, enumerates different … Sex RatioCommunities (Females per 1000 males)------------------------------------------------------------------ Hindu 39,201,099 20,543,219 18,657,880 908------------------------------------------------------------------ Muslim 3,525,339 1,835,622 1,689,717 921------------------------------------------------------------------ Sikh 949,174 343,997 305,177 887------------------------------------------------------------------ Jain 562,806 284,148 278,658 981------------------------------------------------------------------Christian 47,989 24,308 1,880 727------------------------------------------------------------------51. The percentage of the population accounted for
Tag this Judgment! AI Brief & AskVishanji Dungarmal Futnani Vs. Mohanlal Dungarmal Futnani and ors.
Kolkata
Dec-24-1987
Arbitration
Succession Act, 1925 - Sections 123 and 213; ;Contract Act, 1872 - Section 23; ;Arbitration Act, 1940 - Section 28(2)
AIR1988Cal402,(1989)1CALLT31(HC)
proved in a court of competent jurisdiction.'20. He invites my attention to Sections 2(h) and 75 of the Succession Act 1925. Section 2(h) defines the will as a 'declaration of the intention of the testator with respect of his property … (Re : Wynn's Trusts) where after reviewing the earlier decisions on this point it was held at page 343 : --'As long ago as 1694, in Phillises v. Bury there is a statement to the effect that
Tag this Judgment! AI Brief & Askindira Rani Ghose Vs. Akhoy Kumar Ghose
Privy Council
Oct-13-1932
Land Acquisition
will, in so far as the gift over is concerned, are governed by the provisions of S. 124, Succession Act 39 of 1925, the terms of which it may be recalled are as follows: " Where a legacy … cease to have paramount effect. Their Lordships are well aware of S. 343, Succession Act, as a result of which the annuities at any rate … payable or distributable on the death of the testator, and that accordingly the gift over-the "legacy" of the section-could not, if the section was to be obeyed, take effect. In other words, the original gift to Sideshwar
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