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Kissondas Premchand Vs. Jivatlal Pratapshi and Co.

Court : Mumbai

Subject : Commercial

Reported in : AIR1936Bom423; (1936)38BOMLR864

6 Bom. L.R. 853, doubted.;Mathuradas v. Raimal (1935) 37 Bom. L.R. 642, commented on.;Section 323 of the Indian Succession Act, 1925, merely lays down a rule of procedure that must be followed by an executor or administrator. It is … right, but it saves one if the statute has given it. The statute has given a right as Section 361 and the sections which follow it show. Then why is his an oversight? If the legislature intended to

Madhuri Pukharaj Baldota Vs. Omkarlal Daulatram Banwat and Others

Court : Mumbai

Subject : Land Acquisition

SCC 369; Srideviand Ors. v Jayaraja Shetty, (2005) 2 SCC 784; PentakotaSatyanarayana, supra). 20. Section 63 of the Succession Act, 1925 sets out the requirements for the valid execution of a will. A testator must sign it, or affix … something never put to him (Harish Loyalka and Ors. v Dileep Nevatia and Ors., 2015 (1) Bom CR 361, considering A.E.G. Carapiet v A.Y. Derderian, AIR 1961 Cal 359). But that is not the case here. There

G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

rateably, any rights enforceable against the creditors who have been paid in full or in excess Section 323, Succession Act, 1925, replaced Section 282, Succesaion Act, 1865, and Section 104, Probate and Administration Act, 1881. Section 282, Succession Act, … excess of their rateable share and rights of refund similar to those axpreisly conferred on them against legatees (Section 361).23. The learned Judge admits, what is quiteapparent, that while the Act makes specific provision empowering the unsatisfied creditor

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 … or to discharge a debt of which he had no notice (Section 359), and a creditor may under Section 361 call upon a legatee to refund, but the creditor is given no such right expressly as against another

Nemathanpatti M.M. Pl. Annadhana Chatram, Through Its Managing Trustee ...

Court : Chennai

Subject : PropertyCivil

Reported in : (1945)2MLJ525

specific legatees so as to complete their title as against the executors. (Vide Section 333 of the Indian Succession Act.) It was accordingly submitted that, though the respondent was entitled under Section 361 of that Act to claim … possession of certain lands and premises with mesne profits. During the pendency of the suit Palaniappa died in 1925, having made a will dated 2nd June, 1925, whereby he bequeathed the bulk of his separate properties to

Nemathanpatti M.M. Pl. Annadana Chatram Through Its Managing Trustee M ...

Court : Chennai

Subject : civil

Reported in : AIR1946Mad209

building, to the specific legatees so as to complete their title as against the executors: vide Section 333, Succession Act. It was accordingly submitted that, though the respondent was entitled under Section 361 of that Act to claim … possession of certain lands and premises with mesne profits. During the pendency of the suit, Palaniappa died in 1925, having made a will dated 2nd June 1925 whereby he bequeathed the bulk of his separate properties-to various

Emperor Vs. Shankar Krishnaji Gavankar

Court : Mumbai

Subject : Criminal

Reported in : (1942)44BOMLR439

postpone sentence until a later date.;Queen-Empress v. Paiambar Bakhsh (1889) I.L.R. 11 All. 361 dissented from. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very

G. Shanmugham Chetti and anr. Vs. Chinnammal

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 263; Original Side Rules - Rules 30 and 32

Reported in : AIR1978Mad304

which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force applicable to Hindus. The other portions of the … side Appeal is allowed, but there will be no order as to costs. Indian Succession Act (XXXIX of 1925). Section 263 -- Revocation of grant of probate for just cause -- just cause not proved -- Revocation of … proceedings questioning the settlement deeds and the Will. A pauper application No. 361 of 1967 to that effect was filed. In those proceedings filed in

Umed Chand Golcha Vs. Dayaram and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2001ACJ966

survives to the legal representatives being not covered by the exceptions contained in Section 306 of the Indian Succession Act, 1925. The court in para 8 said:(8) ...The principle of actio personalis moritur cum persona relates only to the … Association, reported in [2003(1) MPJR 158]. Court clarifies that Dr. Jaidev Siddha v. Jaiprakash Siddha, 2007(2) MPJR (FB) 361; AIR 2007 MP 269 (FB) is not impliedly overruled in view of dismissal of SLP Articles 226 &

G. Shanmugham Chetty and anr. Vs. Chinnammal

Court : Chennai

Subject : Family

Reported in : (1978)1MLJ405

which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force applicable to Hindus. The other portions of the … his arguments mostly on alleged legal infirmities in the matter of the grant.7. Strong reliance was placed upon Section 263 of the Indian Succession Act, which reads as follows:263. The grant of probate or letters of administration … proceedings questioning the settlement deeds and the will. A pauper Application No. 361 of 1967 to that effect was filed. In those proceedings filed in