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Jan 29 1997

Smt. P. Seshamma and ors. Vs. Dr. Patri Krupasagar and ors.

Court : Andhra Pradesh

Decided on : Jan-29-1997

Subject : Family

Acts : Succession Act, 1872 - Sections 213; Constitution of India - Article 136; Will-Succession Act, 1925 - Sections 63

Reported in : 1997(2)ALT182

& H). in which a Division Bench of the Punjab & Haryana High Court had observed as follows:-'Will-Succession Act, 1925, Section 63-Suspicious circumstances-Proof- Held that if any genuine reasonable or bona fide doubt is created regarding the execution of … The learned Counsel for the appellants also relied upon a ruling in Ram Piyari v. Bhagwant, 1990 SCC 364. in which their Lordships of the Supreme Court were pleased to observe as follows :-'Will-Genuineness of - Suspicious

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Jun 03 1981

Janaki Amma and ors. Vs. Raveendra Menon and ors.

Court : Kerala

Decided on : Jun-03-1981

Subject : FamilyProperty

Acts : Contract Act, 1872 - Sections 17; Travancore Nayar Act, 1100 - Sections 22; Hindu Law; Succession Act, 1925 - Sections 111

Reported in : AIR1981Ker205

to a class of persons, then the thing bequeathed by the operation of Section 111 of the Indian Succession Act, 1925, goes only to persons belonging to that class as are alive at the testator's death. But to this … Janardhana Panicker (1959 Ker LT 1002) and Parmes waran Pillai Gopinathan Pillai v. Steela Phenes (1967 Ker LT 364) to contend that the Will Ext. B7 that took effect after the Travancore Nayar Act of 1100 had

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Sep 16 1968

Bibhuti Bhusan Das Gupta and anr. Vs. State of West Bengal

Court : Supreme Court of India

Decided on : Sep-16-1968

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 205, 342, 342A, 537 and 540A

Reported in : AIR1969SC381; 1969CriLJ654; [1969]2SCR104

the ambit of s. III of the Regulation. Since the courts have now ample powers under the Indian Succession Act, 1925, and the Code of Civil Procedure, these provisions of the Regulation are out of date and should be … only he and nobody else can be examined under it. This conclusion is reinforced if we look at Section 364. The whole of his examination including every question put to him and every answer given by him must

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Nov 25 1936

Janardan Govind Gore Vs. Narayan Bhaskar Gore

Court : Mumbai

Decided on : Nov-25-1936

Subject : Family

Reported in : AIR1937Bom496; (1937)39BOMLR1151

of the deceased was intended by him by using the name 'K.N. Godbole. Indian Succession Act (XXXIX of 1925), Sections 80, 81-Will-Construction-Oral evidence-Admissibility-Rule of justice, equity and good conscience-English law.;Where the intention of the testator is expressed … of the plaintiffs it is contended that oral evidence is permissible only under Section 80 of the Indian Succession Act and unless the case came within that section no oral evidence should be allowed to be led. On … that contention the decision of Charter v. Charter (1874) L.R. 7 H.L. 364 has been relied upon. There are numerous decisions of English Courts following

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Sep 19 2002

Krishnan Kunjulakshmi Vs. Narzan Alias Radhakrishnan Nair and anr.

Court : Kerala

Decided on : Sep-19-2002

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 228, 232 and 263

Reported in : AIR2003Ker98

Abdul Gafoor, J.1. The appellant did not succeed in an application filed under Section 263 of the Indian Succession Act, 1925. hereinafter referred to as 'the Act', to get letters of administration issued in O.R (LA) No. 152/88 revoked. … maintenance before the Family Court under Section &(2)(a) is criminal in nature. [Kunhimohammammed v Nafeesa, 2003 (1) KLT 364; 2004 Cri LJ 1000 (Ker) Overruled]. Reference to Full Bench; Held, Single Judge cannot refer the case to

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May 02 1968

Hardev Kaur Vs. Jodh Singh

Court : Punjab and Haryana

Decided on : May-02-1968

Subject : FamilyProperty

Acts : Provident Funds Act, 1925 - Sections 3, 3(2), 4(1) and 5; Provident Funds (Amendment) Act, 1946; Provident Fund Rules - Rule 9

Reported in : AIR1969P& H44

Singh Chowdhury applied to this Court for the probate of the will under the provisions of the Indian Succession Act, he having been unsuccessful in obtaining the payment of the Provident fund amounting to Rupees 23,5d29/-, out of … family of a subscriber vests in such member under sub-sections (2) of section 3 of the Provident Funds Act, 1925.(ii) *********** '9. The Provident Funds Act, 1925 relating to Government and other Provident Funds, defines a dependent in … broad and substantial question for determination in the Letters Patent Appeals Nos. 364 and 389 f 1967 from the judgment dated 4th September 1967 of

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Mar 22 1995

Jamunabai and Two ors. Vs. Surendrakumar and anr.

Court : Madhya Pradesh

Decided on : Mar-22-1995

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 2, 59, 63, 279, 281 and 283; Evidence Act, 1872 - Sections 45 and 68; Transfer of Property Act, 1882 - Sections 3; Hindu Succession Act, 1956 - Sections 4 and 30; Hindu Law

Reported in : AIR1995MP274; 1996(0)MPLJ113

deciding the rights of the parties in issue.7. 'Will' has been defined in Section 2(h) of the Indian Succession Act, 1925. According to the definition, 'Will' means the legal declaration of the intention of a testator with respect to … of the case the learned counsel for the appellant placing reliance upon the judgment of (1990) 3 SCC 364 (Rampiari v. Bhagwant) submitted that suspicious circumstances must be ruled out by clear and cogent evidence. It was

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Oct 15 1985

Smt. Leela Karwal Vs. Col. J.D. Karwal and ors.

Court : Allahabad

Decided on : Oct-15-1985

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 2(4) and 63

Reported in : AIR1986All220

shall be no order as to costs. Family - execution of will - Sections 2(4) and 63 of Succession Act, 1925 - signature at the end of document authenticate the contents of will - name used in introduction not … of the will being signed. In order to appreciate this argument it would be useful to refer to Section 2(h) of the Succession Act (hereinafter referred to as the Act) which defines the term 'will' and Section … : [1962]1SCR662 to a Magistrate making a record under Sections 164 and 364 of the Code of Criminal Procedure, 1898. This rule squarely applies 'where,

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Jun 19 2002

Pabitra Mohan Pradhan and anr. Vs. Damayanti Pradhan

Court : Orissa

Decided on : Jun-19-2002

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 372

Reported in : AIR2003Ori1; 94(2002)CLT379

5(2) of the Provident Fund Act lays down as follows : '(2) Notwithstanding anything contained in the Indian Succession Act, 1925, or the Bombay Regulation VIM of 1827, any person who becomes entitled as aforesaid, may be granted a … as the provident fund dues are concerned, the same are governed under the provisions of the Provident Fund Act, 1925. Section 4 of the Provident Fund Act itself provides that, when under the rules of any Government or Railway … Mr. Sahu has relied upon the decision reported in AIR 1998 Karnataka 364, (Smt. Radhamma v. Union of India and Ors.), in which it has

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Mar 01 1957

Corporation of Calcutta Vs. SirajuddIn and ors.

Court : Kolkata

Decided on : Mar-01-1957

Subject : CivilLimitation

Acts : Calcutta Municipal Act, 1923 - Sections 3(46), 64(2), 278, 299, 299(1), 341, 363, 363(2), 363(3), 364, 364(1), 364(2) and 450; ;Calcutta Municipal (Amendment) Act, 1951 - Sections 5(49), 331, 353, 414 and 415; ;Code of Civil Procedure (CPC) , 1908 - Section 11; ;Limitation Act, 1908; ;Evidence Act, 1872 - Section 114

Reported in : AIR1957Cal399,1957CriLJ722,61CWN1009

examination of the law in force prior to the commencement of the 1925 Act with regard to the construction of verandas, structures, causing projection, encroachment … JJ., in a criminal revision case, arising out of certain proceedings instituted by the Corporation of Calcutta under Section 364 (1) of the Calcutta Municipal Act, 1923. The circumstances in which the Reference came to be made were … accordance with the proviso to the first sub-section of the section, that is, anagreement binding himself and his successors in interest -- (a) not to claim compensation in the eventof the Corporation, at any time, thereafter callingupon

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