Advanced Search Results

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … son, Ajit Datt acquired the status of a natural son and consequently he has inherited the property under Section 37 of the Act to the exclusion of the petitioner Ethel Walters or the children of her brothers or

Gajraj Singh Son of Sri Attar Singh and Meerut-rohata-barnava-binauli- ...

Court : Allahabad

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988; Uttar Pradesh Motor Vehicles Taxation Act, 1997; Cantonments Act, 1924 - Sections 60, 61, 63, 84 and 255; Indian tolls (Army and Air Force) Act, 1901 - Sections 3; Uttar Pradesh Municipalities Act, 1916 - Sections 2(9), 128, 128(1) and 128(2); Indian Tolls Act, 1851 - Sections 2; General Clauses Act, 1897 - Sections 8(1); Madhya Pradesh Municipal Corporation Act, 1961; Madhya Pradesh Municipal Corporation Act, 1956; Code of Civil Procedure (CPC) , 1908 - Sections 55 to 100; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 37; Minimum Wages Act, 1948; Indian Succession Act, 1925 - Sections 29(2); Travancore Christian Succession Act, 1092; Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 - Sections 172, 172(1) and 172(2); Constitution of India - Artic

Reported in : 2006(3)AWC2915

contended on behalf of the respondents, though faintly, that by reason of Section 29, Sub-section (2), the Indian Succession Act, 1925 must be deemed to have adopted by reference all laws for the time being in force relating to … of Section 55, Section 100 of the Code of Civil Procedure was substituted by a new section by Section 37 of the Code of Civil Procedure (Amendment) Act, 1976 with effect from February 1, 1977 and the new

Lmj International Ltd. Vs. Sea Stream Navigation Ltd.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8, 9, 11, 16, 37, 37(1), 45, 48, 49, 50 and 50(2); ;Arbitration Act, 1940 - Sections 37(1), 39 and 39(2); ;Specific Relief Act - Section 6(3); ;Indian Succession Act, 1925 - Sections 295 and 299; ;Land Acquisition Act, 1894 - Section 54; ;Guardians and Wards Act; ;Representation of the People Act - Section 116; ;Letters Patent Act; ;Government of India Act, 1915 - Sections 71 and 72; ;City Civil Court Act, 1953 - Section 21; ;City Session Court Act, 1953 - Section 16; ;West Bengal Criminal Law Amendment (Special Courts) Act, 1949; ;Tribunals of Criminal Jurisdiction Act, 1952; ;Companies Act, 1913; ;Banking Companies Act, 1949; ;Code of Civil Procedure (CPC) , 1908 - Sections 4, 100A and 104; ;Code of Criminal Procedure (CrPC)

Reported in : AIR2007Cal260,2008(1)ARBLR83(Cal),(2007)3CALLT424(HC)

of the Supreme Court in the context of the provisions of Sections 295 and 299 of the Indian Succession Act, 1925 read with Section 104 of the Code of Civil Procedure again considered the scope and provision of the … IX of Part I of the said Act. He submits that it will appear from the language of Section 37 particularly Sub-section (1) with the words as bracketed, that the right of appeal is exhaustive and no appeal

Mary Jecintha Vs. Joseph Mary and ors.

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure,(CPC) 1908 - Section 96; Court Fees Act - Section 37(2)(1); Indian Succession Act 1925 - Section 33

property. Such ascertainment of share is wrong in view of the provision in Section 33 of the Indian Succession Act 1925, which goes thus:"33. Where intestate has left widow and lineal descendants or widow and kindered only, or widow … No.519. It is argued that since the plaintiff is out of possession, suit should have valued under Section 37(2) of the Court Fees Act and payment of Court fees under Section 37(1) of the Act is not

Shirish Popatlal Shah Vs. Arun Popatlal Shah

Court : Mumbai

Subject : Land Acquisition

A Will is proved if it meets the requirements of Sections 59, 61 and 63 of the Indian Succession Act, 1925. Section 59 says that a Will can be validly made by any adult of sound mind. The testamentary or … say that the Testator had to sign in a limited space i.e. in between two lines? Ans. Yes. 37. It is known that the Testator suffered a paralytic stroke in his late sixties. He also suffered from

Mrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...

Court : Mumbai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 74, 75, 80, 81, 82, 85, 86, 87, 88, 95, 104, 119, 187 and 188; Bombay High Court (Original Side) Rules, 1980 - Rules 223 and 238

Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545

to be construed by us, we deem it proper to refer to the relevant provisions of the Indian Succession Act, 1925, particularly Chapter VI of Part VI, which deals with the construction of Wills.Section 74 says that it is … DEVISE To my daughter Anita absolutely.' This is seen from Clauses 12, 13, 14, 17, 19, 25,28, 30, 37 and 41.20. It needs no elaboration that the clauses in the Will have to be construed with reference

Orissa Oil Industries Limited Vs. Tribal Cooperative Marketing Develop ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 12, 13, 16, 16(2), 16(3), 16(5), 16(6), 34 and 37; Constitution of India - Article 14; United Nations Commission on International Trade Law (UNCITRAL), 1985; Mines Act, 1952; Indian Succession Act, 1925 - Sections 29(2)

Reported in : 2002VIIAD(Delhi)198; 98(2002)DLT659; 2002(65)DRJ682

contended on behalf of the respondents, though faintly, that by reason of Section 29, Sub-section (2), the Indian Succession Act, 1925 must be deemed to have adopted by reference all laws for the time being in force relating to … question is raised and determined against the petitioner, neither any appeal would lie there against in terms of Section 37 of the Act nor such a case would by converted by Section 34 thereof.6. The learned counsel would,

Manek Dara Sukhadwalla Vs. Shernaz Faroukh Lawyer and Another

Court : Mumbai

Subject : Land Acquisition

of the remedy of filing an Application for revocation of the probate under Section 263 of the Indian Succession Act, 1925. 15. Learned Counsel then pointed out the judgment of the Apex Court in the case of G. Gopal … have been cited on behalf of the Respondents by the learned Senior Counsel on what constitute caveatable interest. 37. In Swatantranandji Vs Lunidaram Jangaldas (AIR 1977 Bombay 397), it was observed by a Single Judge of this

Kasinath Patel Vs. Radha Bai and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68

Reported in : 2005(4)ALD859; 2005(4)ALT740

original owner of the suit land. He died issueless. According to him, under the provisions of the Indian Succession Act, 1925 if a Hindu husband dies issueless, his wife alone succeeds to his estate. As defendant No. 1's husband … Will Ex.B9 as attesting witnesses, only one attesting witness has been examined, and as per the provisions of Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 at least … having my ancestral property bearing Sy.Nos. wet and dry No. 7/A, 8/A, 37/A, 54/A, 135, 47 and a house bearing No. l/ 23, situated within

Apoline D'Souza Vs. John D'Souza

Court : Supreme Court of India

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 63 and 276; Evidence Act, 1872 - Sections 63 and 68

Reported in : AIR2007SC2219; 2007(4)ALLMR(SC)817; (SCSuppl)2007(3)CHN54; 2007(5)KarLJ213; (2007)5MLJ1263(SC); 2007(7)SCALE766; (2007)7SCC225; 2007AIRSCW3886; 2007(7)SCC225; JT2007(7)SC492; 2007(7)SCALE766; 2007(5)KLJ213; 2007(4)AIRKarR537.; MANU/SC/7718/2007

Letters of Administration with a copy of the will annexed, in terms of Section 276 of the Indian Succession Act, 1925 (for short 'the Act') was filed by the appellant. Respondent entered a caveat.4. The plea raised by the … testator did not know well the contents of the Will and in sound disposing capacity executed the same. 37. We may, however, hasten to add that there exists a distinction where suspicions are well founded and the