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Navnit Lal Sakarlal Vs. Commissioner of Income-tax

Court : Supreme Court of India

Subject : Direct TaxationFamily

Acts : Income-tax Act, 1961 - Sections 53, 55, 159, 168 and 256(1); Succession Act, 1925 - Sections 211(1), 332, 333 and 366

Reported in : AIR1992SC466; (1991)100CTR(SC)125; [1992]193ITR16(SC); JT1991(4)SC186; 1991(2)SCALE893; (1992)1SCC185; [1991]Supp1SCR585

clearly enunciated by Viswanatha Sastri, J. in Raghavalu Naidu, cited earlier, in these words:Chapter VII of the Indian Succession Act, 1925, succinctly defines the duties of executOrs. Shortly stated, it is their duty to clear the estate - to … left in the executor's hands is the residue and must be paid over to the residuary legatees under Section 366 of the Succession Act or held in trust for them, if the directions in the will require the

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

the apprehension expressed by the State-level committee is unfounded.41. The Christians in India are governed by the Indian Succession Act, 1925. It is stated that by operation of Section 1 notification issued under the Government of India Act of … and Maintenance Act, excludes applicability of customs to the Scheduled Tribes as defined by Clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the official Gazette otherwise directs. Explanation 11 to

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … regard to the administration thereof. Section 317 of that Act imposes various duties on the executOrs. Then under Section 366 the surplus or residue of the deceased's property, after payments of debts and legacies, shall be paid to

Blackwood and Sons Ltd. and ors. Vs. A.N. Parasuraman and ors.

Court : Chennai

Subject : Media and CommunicationIntellectual Property Rights

Acts : Constitution of India - Articles 366(10) and 372; International Law; Imperial Copyright Act, 1911 - Sections 25 and 35; Indian Independence Act, 1947 - Sections 18(3); Continuance of Copyright Act, 1911; ;Evidence Act, 1872 - Sections 41 and 82; Succession Act, 1925 - Sections 213, 228 and 270; Copyright Act, 1914 - Sections 1, 2, 2(1), 4 and 4(1)

Reported in : AIR1959Mad410

of Copyright Act, 1911, Sections 41 and 82 of Evidence Act, 1872, Sections 213, 228 and 270 of Succession Act, 1925 and Sections 1, 2, 2 (1), 4 and 4 (1) of Copyright Act, 1914 - petition sought for … adaptation or modification shall not be questioned in anv Court of law.'Article 366 (10) defined 'existing law' thus :' 'Existing law' means any law, ordinance, … They also pleaded that in any event, their guide was 'a fair dealing' protected by proviso (i) to Section 2(1) of the Copyright Act of 1911.4. In regard to 'Stories from Tagore' the pleas of the defendants

In Re, Smt. Amina

Court : Mumbai

Subject : ConstitutionFamily

Acts : Constitution of India - Articles 12, 13, 14, 17, 19(1), 363, 366(22), 368 and 372; Guardian and Wards Act, 1890; Indian Succession Act, 1925 - Sections 51; Government of India Act, 1935; Bombay Prevention of Hindu Bigamous Marriages Act, 1946; Code of Criminal Procedure (CrPC) , 1908 - Sections 384 - Order 21, Rule 15(1)

Reported in : AIR1992Bom214

petition keeping in substance the questions formulated in this order of reference open.3. Section 51 of the Indian Succession Act, 1925 reads as under:--'51. Division of a male intestate's property among his widow, children and parents.--(1) Subject to the … Civil Pocedure. In Kunwar Shri Vir Rajendra Singh's case, the Court did not express any opinion that Article 366(22) was a provision relating to a covenant within the meaning of Article 363. In that case the petitioner

Ahmedabad Women Action Group (Awag) and ors. Vs. Union of India

Court : Supreme Court of India

Subject : Family

Acts : Constitution of India - Articles 13, 14, 15, 21, 25, 26, 27, 32, 33, 38, 39, 44 and 366; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Hindu Succession Act, 1956 - Sections 2(2), 5, 6 and 30; Hindu Marriage Act, 1955; Special Marriage Act, 1954 - Sections 28; Indian Penal Code (IPC), 1860 - Sections 494; Chotanagpur Tenancy Act, 1908; General Clauses Act; Hindu Minority and Guardianship Act - Sections 3(2), 6 and 9; Indian Succession Act, 1925 - Sections 3, 43 and 46; Indian Divoce Act, 1869 - Sections 10 and 34; A.P. Charitable Hindu Religiou and Endowments Act, 1987 - Sections 1 5, 16, 17, 29(5) and 144; Hindu Bigamious Marriages Act, 1946

Reported in : AIR1997SC3614; II(1997)DMC224SC; (1997)3GLR1882; JT1997(3)SC171; 1997(2)SCALE381; (1997)3SCC573; [1997]2SCR389; 1997(1)LC548(SC)

It is also proposed that even though the provisions of the Hindu Succession Act, 1956 and the India Succession Act, 1925 in terms would not apply to the Schedule Tribes, there general principles composing of justice, equity and fair … of any Scheduled Tribe within the meaning of Clause (25) of Article 366 of the Constitution, unless otherwise directed by the Central Government by means … husband takes more than one wife is act of cruelty within the meaning of Clause VIII (f) of Section 2 of Dissolution of Muslim Marriages Act, 1939.(d) to declare that Muslim Women (Protection of Rights on Divorce)

Shakun Bai Wd/O Somnath Kushram and ors. Vs. Siya Bai Wd/O Somnath and ...

Court : Madhya Pradesh

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 2(2); Hindu Succession Act, 1956 - Sections 2(2); Constitution of India - Articles 23 and 366; Succession Act, 1925 - Sections 372; Constitution of India (Scheduled Tribes) Order, 1950; Constitution of India (Scheduled Tribes) (Amendment) Order, 1956; Constitution of India (Scheduled Tribes) (Amendment) Order, 1976

Reported in : 1999(2)MPLJ307

ORDERR.P. Gupta, J.1. This appeal is directed under Section 384 of Indian Succession Act, 1925 (hereinafter called 'the Act') against the order dated 31-1-1997 of Additional District Judge, Dindori, District Mandla, passed on … Act shall apply to the members of any Scheduled Tribe within the meaning of Clause (25) of Article 366 of the Constitution, unless the Central Government by notification in the official gazette, otherwise directs',It may also be

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1996)56ITD232(Delhi)

left in the executor's hands the residue and has got to be paid to the residuary legatee under Section 366 of the Indian Succession Act, 1925 or held in trust from that if the direction in the will … completion of the administration of the will. Our attention was also invited to Section 211 of the Indian Succession Act, 1925 in support of the contention that the property vests in the executor though he is not the owner

Maneklal V. Shah Vs. Jagdish C. Shah

Court : Mumbai

Subject : Family

Reported in : (1970)72BOMLR719

was adjourned for that purpose, and after a full argument, I reserved orders.4. Section 283(1)(c) of the Indian Succession Act, 1925, empowers the Court to issue citations calling upon all persons claiming to have any interest in the estate … in the case reported in Pirojshah Bikhaji v. Pestonji Merwanji I.L.R. (1910) Bom. 459 : 12 Bom. L.R. 366, and as many as fifteen caveats appear to have been filed in a case in which Tendolkar J.

V.M. Raghavalu Naidu and Sons by Executors, C.G. Krishnaswami Naidu an ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 3, 10, 41 and 41(1)

Reported in : AIR1950Mad790; [1950]18ITR787(Mad); (1950)IIMLJ300

and when the executors of a will have become trustees and the legatees have become beneficiaries.18. Chapter 7, Succession Act, 1925, succinctly defines the duties of executors. Shortly stated it is their duty to clear the estate to pay … left in the executor's hands is the residue and must be paid over to the residuary legatees under Section 366, Succession Act or held in trust for them, if the directions in the will require the residue to