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Smt. P. Seshamma and ors. Vs. Dr. Patri Krupasagar and ors.
Andhra Pradesh
Jan-29-1997
Family
Succession Act, 1872 - Sections 213; Constitution of India - Article 136; Will-Succession Act, 1925 - Sections 63
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
Tag this Judgment! AI Brief & AskJanaki Amma and ors. Vs. Raveendra Menon and ors.
Kerala
Jun-03-1981
FamilyProperty
Contract Act, 1872 - Sections 17; Travancore Nayar Act, 1100 - Sections 22; Hindu Law; Succession Act, 1925 - Sections 111
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
Tag this Judgment! AI Brief & AskBibhuti Bhusan Das Gupta and anr. Vs. State of West Bengal
Supreme Court of India
Sep-16-1968
Criminal
Code of Criminal Procedure (CrPC) - Sections 205, 342, 342A, 537 and 540A
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powers under the Indian Succession Act, 1925, and the Code of Civil Procedure, these provisions of the Regulation are out of date and should be … only he and nobody else can be examined under it.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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Janardan Govind Gore Vs. Narayan Bhaskar Gore
Mumbai
Nov-25-1936
Family
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
Tag this Judgment! AI Brief & AskKrishnan Kunjulakshmi Vs. Narzan Alias Radhakrishnan Nair and anr.
Kerala
Sep-19-2002
FamilyProperty
Succession Act, 1925 - Sections 228, 232 and 263
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
Tag this Judgment! AI Brief & AskHardev Kaur Vs. Jodh Singh
Punjab and Haryana
May-02-1968
FamilyProperty
Provident Funds Act, 1925 - Sections 3, 3(2), 4(1) and 5; Provident Funds (Amendment) Act, 1946; Provident Fund Rules - Rule 9
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
Tag this Judgment! AI Brief & AskJamunabai and Two ors. Vs. Surendrakumar and anr.
Madhya Pradesh
Mar-22-1995
FamilyProperty
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
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
Tag this Judgment! AI Brief & AskSmt. Leela Karwal Vs. Col. J.D. Karwal and ors.
Allahabad
Oct-15-1985
FamilyProperty
Succession Act, 1925 - Sections 2(4) and 63
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,
Tag this Judgment! AI Brief & AskPabitra Mohan Pradhan and anr. Vs. Damayanti Pradhan
Orissa
Jun-19-2002
FamilyProperty
Succession Act, 1925 - Sections 372
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
Tag this Judgment! AI Brief & AskCorporation of Calcutta Vs. SirajuddIn and ors.
Kolkata
Mar-01-1957
CivilLimitation
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
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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