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Raja Mookherjee and ors. Vs. Wealth-tax Officer and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Section 19A and 19A(1); ;Constitution of India - Article 226; ;Indian Succession Act, 1925 - Section 332

Reported in : [1993]204ITR276(Cal)

from the estate could be distributed to the residuary legatee.' 22. Thirdly, under Section 352 of the Indian Succession Act, 1925, an executor continues as such unless he assents to the legacy in favour of the beneficiary under the

Rajanikant Mansukhlal Vs. Kiko Ratilal

Court : Mumbai

Subject : Property

Reported in : AIR1932Bom506; (1932)34BOMLR1124; 140Ind.Cas.206

of the land were demonstrative legacies and fell within Section 150 and not Section 142 of the Indian Succession Act, 1925 :;Calow v. Calow [1928] 1 Ch. 710, Page v. Leapingwell (1812) 18 Ves. Jun. 463, and Fryer v. … from the testator's death. But it is contended on behalf of the appellant that the ease falls under Section 352 of the Indian Succession Act, for a time has been fixed for the payment of the general legacy,

Capt. P.C. Acharya Vs. the Official Liquidator as the Liquidator of M/ ...

Court : Mumbai

Subject : Land Acquisition

declaration of transmission shall be accompanied by a succession certificate, probate or letters of administration under the Indian Succession Act, 1925 (39 of 1925), or a duly certified copy thereof. (2) The registrar, on receipt of the declaration of … during which a proclamation of emergency issued under clause (1) of article 352 of the Constitution is in operation] without the previous approval of the … vessel. According to him, the said vessel cannot be sold before his wages are paid in view of section 42(2A) read with section 148 of the Merchant Shipping Act, 1958 (said Act). 3. The question that falls

Ramesh Chand (D) Thr. Lrs. versus Suresh Chand and Anr.

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025]9S.C.R.339

u/s.53A of TP Act, which deals with Part Performance. Headnotes† Transfer of Property Act, 1882 - s.54 - Succession Act, 1925 - s.63 - Evidence Act, 1872 - s.68 - Respondent no.1/plaintiff filed suit no. 613/1997 for possession, mesne … Third Edition, 2017 (Lexis Nexis), p. 301 6 (2005) 12 SCC 77 352 [2025] 9 S.C.R. Supreme Court Reports 52. Execution of a power of … possession of the defendant No.1. • That the Will has not been proved in accordance with law. • Section 53A of the Transfer of Property Act is not attracted if the possession of the property is not

B. Manjunatha Prabhu and ors. Vs. C.G. Srinivas and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 115; Limitation Act, 1965 - Sections 137; Indian Succession Act, 1925 - Sections 222, 229 and 230

Reported in : AIR2005Kant136; ILR2005KAR467; 2005(4)KarLJ85

21st January 1983 on the file of the City Civil Judge, Bangalore under Section 276 of the Indian Succession Act, 1925 [hereinafter referred to as 'the Act'] seeking probate of the Will dated 20th April 1970 of late C.G. … close up his mouth to allege or plead the truth; and Littleton's case proved this description' (Co. Litt. 352 a where it is said estoppel is of three kinds, ie., matter (1) of record, (2), in writing,

Hormasji Shapurji Mistry Vs. Dhanbai Barjorji Cooper

Court : Mumbai

Subject : PropertyCivil

Reported in : (1929)31BOMLR511

Beneficiaries, representation of-Representation-Practice and procedure.;On an originating summons, the Court has jurisdiction, notwithstanding Section 213 of the Indian Succession Act 1925, to add a party as representing the estate of a deceased claimant, provided he undertakes to take out … where a different procedure may be adopted. Thus, in Daniell's Chancery Practice, 7th Edn., Vol. I, pp. 351, 352, it clearly appears that in the Chancery Division an action may proceed provided probate or letters of administration

Lydia Agnes Rodrigues and Others Vs. Joseph Anthony D'Cunha and Others

Court : Mumbai

Subject : Land Acquisition

the earlier Succession Act of 1865, Section 111 of which corresponds to Section 124 of the present Indian Succession Act, 1925. Mr. Menezess submission is that the clause in that case was held to be a repugnant and, therefore, … decision of a learned Single Judge of this Court in SardarNawroji Pudumji v Putlibai (1913 XV Bom L.R. 352)in support of this proposition. This was a decision under the earlier Succession Act of 1865, Section 111 of

Govind Narayan Kakade Vs. Rangnath Gopal Rajopadhye

Court : Mumbai

Subject : Company

Reported in : AIR1930Bom572; (1930)32BOMLR232

[1925] 1 Ch. 407 and Davey v. Cory [1901] A. C. 477 in each of which the directors successfully disputed their liability, wore much relied on by the appellant to prove the contrary. In the former case … made by the petitioner as liquidator of the Sholapur Bank, Limited, under Section 235 of the Indian Companies Act '1913.2. The main defences are that the appellant not having been guilty of any wilful neglect or default

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 44A, 104 and 117 - Order 7, Rules 11, 11A and 14 - Order 37 - Order 43, Rule 1 - Order 49, Rule 3; Admiralty Courts Act, 1861 - Sections 1, 1(4), 5 and 6 ;Admiralty Courts Act, 1840; Supreme Court of Judicature (Consolidation) Act, 1925 - Sections 22 and 22(1); Administration of Justice Act, 1956 - Sections 20(2) and 47(2); Inland Vessels Act, 1917; Merchant Shipping Act, 1956; Multimodal Transportation of Goods Act, 1993 - Sections 7 and 7(1); Colonial Courts of Admiralty Act, 1890 - Sections 2; Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Acts, 1894 to 1923; Supreme Court of Judicature Act, 1873; Administration of Justice Act, 1920; Admiralty Jurisdiction Regulation Act, 1983; Merchant Shipping (Oil) Polluti

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512; MANU/SC/0951/2003

in U.K. in relation to a provision which was in pari materia with Section 118 of the. Indian Succession Act, 1925, this Court observed:'...The constitutionality of a provision, it is trite, will have to be judged keeping in view … London Court 1891 1 QB 273, The Beldis 1936 P. 51, Webster v. Seekamp 1821 43 & Ald 352, Heinrich Bjorn 1883 8 P.D. 151, The Andre Theodore 10 Aspinall 94, Stokes v. The Conference 1887 (8)

The Municipal Corporation of Greater Bombay Vs. Piagelal Pannalal Talw ...

Court : Mumbai

Subject : Property

Acts : Bombay Municipal Corporation Act, 1888 - Sections 46, 68, 197 to 210, 211, 351, 354A, 337, 342, 347, 352, 450, 471, 489, 490 and 517(1); Bombay Municipal Corporation Act, 1925 - Sections 104 and 203; Maharashtra Agricultural Produce Marketing (Regulation) Act, 1964; Constitution of India, Articles 14 and 226; The Electricity Act, 1910; Local Government Act, 1972 - Sections 222; Rice Milling Industry (Regulation) Act

Reported in : AIR1992Bom283; 1991(3)BomCR424; (1991)93BOMLR530; 1991(2)MhLj1235

in (1963) 65 BLR 521, ChenajiKaliaji v. Municipal Borough, Dhulia. It wasa case under the Bombay Municipal Boroughs Act, 1925. Section 203 thereofprovided that in lieu of any process of recovery allowed by or under the Act or in … alter or pull down the building or work and the expensesthereof shall be paid by the said person.' Section 352 deals with power of the Commissioner of the plaintiff when building or work is commenced contrary to Section … defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the