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Amalorpava Mary and A. Arputha Josephine Vs. Kulandai Ammal,

Court : Chennai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63, 278, 287 and 384

Reported in : 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

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 … 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

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 … 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

N. Namberumal Chetti Vs. Veeraperumal Pillai and ors.

Court : Chennai

Subject : Family

Reported in : 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

Commissioner, Corporation of the City of Bangalore, Bangalore Vs. S. R ...

Court : Karnataka

Subject : Land Acquisition

Acts : Code Of Civil Procedure (CPC), 1908 - Order 41 Rule 1, Section 96; Indian succession Act, 1925 - Section 303

Reported in : 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,

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : 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

Reported in : 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

Ghaki Mal Hukam Chand and ors. Vs. Punjab National Bank Ltd.

Court : Punjab and Haryana

Subject : Commercial

Acts : Code of Civil Procedure (CPC) , 1908 - Order 30, Rule 1 - Order 41, Rule 4; Debt Laws; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2(9), 5, 11, 15, 17, 21 and 49; Evidence Act, 1872 - Sections 114

Reported in : AIR1961P& H91

of the grant applicable thereto decends to a single heir or to any property to which the Indian Succession Act, 1925, applies.' The counsel's submission is that under this Act a widow becomes an heir and therefore a legal … In support of this contention he has relied on AIR 1933 Lah 356 (2), Gurditta Mal v. Muhammad Khan, 90 Ind Cas 41: (AIR 1926 … an application under Order 22 Rules3 and 10, Order 41, Rule 20, Order 30 Rules 1 and4 and Section 151 of the Civil procedure Code, for bringing on record the widow of Shri Radha Kishan deceased as

E.A.V. Krishnamurthy and Son Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36, 36(1), 36(2) and 41(4)

Reported in : [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

Commissioner of Wealth-tax Vs. S.M. Bhandari

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 19A, 19A(2) and 19A(6); Indian Succession Act, 1925 - Sections 142

Reported in : (1987)63CTR(AP)166; [1987]167ITR643(AP)

back the amount in the estate of the deceased. He placed reliance on section 357 of the Indian Succession Act, 1925 (39 of 1925), and also sought reliance on CIT v. Bakshi Sampuran Singh . 5. In view of … of the deceased, Pannalal Lahoti. That was accepted by the Tribunal in the above cases. No doubt, sections 356 and 357 of the Indian Succession Act made a distinction regarding involuntary payment and voluntary payment. In the

Chrisomar Corporation Vs. Mjr Steels Private Limited

Court : Supreme Court of India

Subject : Service Tax

1861 Admiralty Court Act and various subsequent enactments which were consolidated by the Supreme Court of Judicature (Consolidation) Act, 1925. By the Administration of Justice Act of 1956, the admiralty jurisdiction of the High Court was further widened … of the Privy Council in the Rio Tinto (1884) 9 APP Cas 356, by which it was decided that no maritime lien attaches to a … 21.1.2000 on 26.4.2000. The Division Bench further went on to hold that though the allegation as regards the successive transfers of title had not been proved by the defendant, the said fact would make no difference. It … good title by estoppel. The Division Bench further went on to apply Section 62 of the Indian Contract Act, 1872 to the out of court