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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 … The personal liability of the executrix to make good the loss to the other creditors (Indian Succession Act, Section 368) is also admitted. The real question that I have to decide is whether the other creditors, who will

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 … the force of law. Article 13(4) of the Constitution provides that the Constitution Amending Act falling under Article 368 of the Constitution shall not be governed by Article 13. The validity of a Constitutional Amendment Act is

Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another

Court : Guwahati

Subject : Land Acquisition

1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned … 300 excepting sub-section (2) thereof, Sections 301 to 306, Sections 308 to 312, Sections 317 to 319, Sections 368 and 369.(2) The term “estate” or “property” wherever occurring in any of the Sections mentioned in column (1)

Bhavani and Others Vs. Govind Bhargavi and

Court : Kolkata

Subject : Education

Abha. As an executor it is her duty to preserve Abha’s estate. Under Sec. 368 of the Indian Succession Act, 1925, when an executor or administrator misapplies the estate of the deceased or subjects it to loss or damage … to the last Will of Abha. As an executor it is her duty to preserve Abha’s estate. Under Sec. 368 of the Indian Succession Act, 1925, when an executor or administrator misapplies the estate of the deceased

Ramchandra Ganpatrao Hande Alias Handege Vs.

Court : Mumbai

Subject : Property

Acts : Indian Succession Act, 1925; Code of Civil Procedure (CPC), 1908

the Appellant that the decision in Rupali Mehta does not take into account the scheme of the Indian Succession Act, 1925. The Learned Single Judge observed that the judgment does not prohibit any person from seeking protection of the … 269, 273, 276, 291, 295, 307, 308, 317, 318, 319, 332 and 368 (besides the Original Side Rules framed by this Court) would demonstrate that … to make an interim order in relation to the property. The Learned Single Judge held that (i) Under Section 217, which is in Part IX , the grant of probate or Letters of Administration as well as

Satinder Singh and Another Vs. Bhupinder Kaur and Others

Court : Punjab and Haryana

Subject : Property

Acts : Succession Act, 1925 - Sections 2, 226, 258 and 368; Code of Civil Procedure (CPC), 1908 - Order 22, Rule 2

Reported in : AIR1992P& H29

were wives of Umrao Singh. The beneficiaries Satinder Singh and others filed a petition u/S. 368 of the Succession Act for taking action against the executors for causing loss to the estate of the two deceased aforesaid. A … on merits decisionwould be given after affording opportunity tothe parties to prove their respective allegations.7. Petition dismissed. - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters Patent, 1865, Clause 10: [Dr.

Dorab Bomanji Ghadiali Vs. Jamshed Kanga and Others

Court : Mumbai

Subject : Other TaxesCommercial

Acts : Bombay Municipal Corporation Act, 1888 - Sections 3(YY), 367, 368, 390 and 479; Constitution of India - Article 226; Maharashtra Act, 1984 - Sections 7A; Bombay Shops and Establishments Act, 1948

Reported in : AIR1992Bom13; 1991(2)BomCR244; 1991(2)MhLj878

to the limited extent provided under Section 368 (5) of the Bombay Municipal Corporation Act, 1888. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very

Rajmata Gayatri Devi Vs. Distt. Judge and ors.

Court : Rajasthan

Subject : Family

Reported in : RLW2008(2)Raj1197

26/4/2007. This application was filed by the petitioner in the pending proceedings under Section 372 of the Indian Succession Act, 1925 (hereinafter referred in short as the 'Act') which in fact was jointly filed on 20/2/1998 by the petitioner, … the case of Mst.Jadav v. Ram Swarup 1960 RLW 685 and Sultan Singh v. Brijraj Singh 1997(1) WLC 368 holding that probate would not be required to be obtained for enforcement of the will in so far

Hazari and ors. Vs. Neki and ors.

Court : Supreme Court of India

Subject : Property

Acts : Punjab Pre-emption Act, 1913 - Sections 14 and 15(1); Punjab Pre-emption (Amendment) Act, 1960 - Sections 31; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 1, 10 and 11; Succession Act, 1925 - Sections 306

Reported in : AIR1968SC1205; (1968)70PLR823; [1968]2SCR833

1960, Order 22 Rules 1, 10 and 11 of Code of Civil Procedure, 1908 and Section 306 of Succession Act, 1925 - appellant contended legal representatives not entitled to decree for pre-emption as right of pre-emption was personal right … the plaintiff should deposit the amount of Rs. 3,500/- in court on or before 15-1-1963. In suit Nos. 368 and 369 of 1961 the condition was that the plaintiffs should make the deposit of Rs. 5,000/- and

Mt. Kulwanta Bewa and ors. Vs. Karam Chand Soni and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1938Cal714

mortgagee named in the deed, not having taken out letters of administration or a succession certificate, Section 214, Succession Act, 1925, is a bar to their recovering a decree. The plaintiffs met this objection in anticipation in their plaint … the beneficiaries parties when the estate had been fully administered : see Clegg v. Rowland (1867) 3 Eq 368 at p. 673.19. We do not think therefore that merely because in this case Mt. Kulwant held letters