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Amalorpava Mary and A. Arputha Josephine Vs. Kulandai Ammal,
Chennai
Feb-06-2004
Family
Indian Succession Act, 1925 - Sections 63, 278, 287 and 384
AIR2004Mad291; 2004(2)CTC502; (2004)1MLJ634
of Innasi Ammal, the appellants have filed the above appeal before this Court under Section 384 of Indian Succession Act, 1925.2. For convenience we may refer the parties as described in O.P. No. 278 of 87. In the matter … also relies on a decision of this Court in Andal Ammal, In re, reported in 1968 I MLJ 356.8. There is no dispute that the parties in this appeal are Christians, and the provisions of Indian Succession
Tag this Judgment! AI Brief & AskRamesh Chand (D) Thr. Lrs. versus Suresh Chand and Anr.
Supreme Court of India
Sep-01-2025
Land Acquisition
[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 … the Succession Act, that is to say: 9 (2023) 9 SCC 734 356 [2025] 9 S.C.R. Supreme Court Reports (a) The testator shall sign or … 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
Tag this Judgment! AI Brief & AskMathuradas Vassanji Vs. Raimal Hirji
Mumbai
Mar-04-1935
PropertyFamily
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 … under the order of a Court to refund, if the assets are insufficient to pay all the legacies (Section 356), or to discharge a debt of which he had no notice (Section 359), and a creditor may under
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N. Namberumal Chetti Vs. Veeraperumal Pillai and ors.
Chennai
Feb-28-1930
Family
AIR1930Mad956; (1930)59MLJ596
the legacy as administrator of Aparanji's estate, from establishing his claim to the legacy?13. Section 213 (1), Indian Succession Act, 1925, says:No right as executor or legatee can be established in any Court of Justice, unless a Court of … decision applies to the present case. The decision in Henson In re; Chester v. Heinson (1908) 2 Ch. 356 does not help the respondent. That decision only shows that the purchaser or mortgagee is not bound to
Tag this Judgment! AI Brief & AskCommissioner, Corporation of the City of Bangalore, Bangalore Vs. S. R ...
Karnataka
Apr-13-1993
Land Acquisition
Code Of Civil Procedure (CPC), 1908 - Order 41 Rule 1, Section 96; Indian succession Act, 1925 - Section 303
1993(2)KarLJ521
he was competent to do so as an executor de son tort under Section 303 of the Indian succession Act, 1925. In the alternative he submitted that the appeal filed by the defendants was against a dead person and … last decision relied on by the appellants is bai pani vankar v madhabhai calabhai paiel, AIR 1953 Bombay 356 in which the learned chief Justice chagla in paragraph 2 has observed as under :"now part from authorities,
Tag this Judgment! AI Brief & AskIqbal vs St.George Chruch,
Kerala
Sep-15-2022
be proved otherwise than by recourse to Section 68 of the Act and Section 63 of the Indian Succession Act, 1925 as has been held time and again. The general provisions of Section 58 of the Act has obviously
Tag this Judgment! AI Brief & AskSmt N Vasundaramma vs Nil
Karnataka
Jan-09-2025
Karnataka …APPELLANTS (BY SRI. VIJAY A.M., ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 384 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED -2- 01.10.2024 PASSED IN P AND S.C.No.356/2024 ON THE FILE OF THE XVI ADDITIONAL
Tag this Judgment! AI Brief & AskShri Chakkalarappa, vs Smt Ashwathmma,
Karnataka
Apr-01-2024
Judgment and Decree passed by the Trial Court and consequently dismissed the appeal.14. Section 63(c) of the Indian Succession Act, 1925, reads as under: " The Will shall be attested by two or more witnesses, each of whom has
Tag this Judgment! AI Brief & AskOfficial Trustee of West Bengal Vs. Stephen Court Ltd.
Supreme Court of India
Dec-14-2006
FamilyProperty
Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136
2006(14)SCALE285
of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302 of the Indian Succession Act, 1925 (for short, 'the Succession Act') falls for consideration in this appeal, which arises out of a judgment and … who has obtained a decree for administration and sale of real estate (Re Wragg, I D.G.J. & S. 356); and also it seems, a purchaser under a decree who has paid his purchase money into Court (Ayles
Tag this Judgment! AI Brief & AskE.A.V. Krishnamurthy and Son Vs. Commissioner of Income-tax
Chennai
Mar-25-1981
Direct Taxation
Income Tax Act, 1961 - Sections 36, 36(1), 36(2) and 41(4)
[1985]152ITR640(Mad)
held that, in the circumstances of that case, there was no discontinuance of the business, but only a succession to the business from the joint family to a partnership firm. Jagadisan J., speaking for the Bench, observed … representing the correct legal position under s. 36(2)(i)(a) of the Act (p. 356, 357) : 'If in a given case, the income of a business … J. 1. This is a case stated by the Income-tax Appellate Tribunal under s. 256(1) of the I.T. Act, 1961. The first question, which falls for our decision in this case is : 'Whether, on the facts … debts aggregating to Rs. 5,276 was not admissible as the requirements of section 36(2)(i)(a) of the Income-tax Act, 1961, were not satisfied ?' 2. The
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