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Employment Officer Vs. Sevarinathan

Court : Karnataka

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2) and 2(14) - Order 21; Indian Succession Act, 1925 - Sections 374 and 375

Reported in : ILR1985KAR317

'order' within the meaning of the Code of Civil Procedure and is not executable under Order 21.;(B) INDIAN SUCCESSION ACT, 1925 (Central Act No. 39 of 1925) Sections 374 and 375 -- Grant of Succession Certificate only empowers recovery … to file an application for grant of successioncertificate. Section 373 of the Succession Act lays down the procedure. Section 374 of the Indian Succession Act reads -- ' When the District Judge grants a certificate, he shall therein

Pramila Wd/O Dhanraj Gaidhane and ors. Vs. Life Insurance Corporation ...

Court : Mumbai

Subject : InsuranceFamily

Acts : Succession Act, 1925 - Sections 370; Code of Civil Procedure (CPC) - Sections 9

Reported in : 2004(3)ALLMR429; 2004(3)MhLj349

application for succession certificate is the efficacious remedy. The learned Judge also opined that the provision of Indian Succession Act, 1925, to grant relief to the plaintiff cannot be ignored and not to be stalled and therefore, held that … summary. The contents of the certificate which are to be given by the District Judge are provided under Section 374 of the said Act of 1925. The provision laid down under Section 381 of the Act of 1925

P. Ramachandran Nair Vs. Smt. Suparna Tapan Das

Court : Mumbai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 63 and 283; ;Code of Civil Procedure (CPC) , 1908 - Sections 129; Bombay High Court Original Side Rules, 1980 - Rule 374; Transfer of Property Act, 1882 - Sections 3

Reported in : AIR2003Bom457; 2003(3)ALLMR638; 2003(6)BomCR35

issues and pass the following order. Family - probate of will - Sections 63, 280 and 283 of Succession Act, 1925, Section 129 of Code of Civil Procedure, 1908, Rule 374 of Bombay High Court Original Side Rules, 1980 and

Lydia Agnes Rodriques Nee D'Cunha and Others Vs. Joseph Anthony D'Cunh ...

Court : Mumbai

Subject : Education

their siblings Mrs Annie D'souza, Mr Joseph D'Cunha and Mr Edwin D'Cunha as his heirs under the Indian Succession Act 1925 by which he was governed. Mrs Annie D'Souza expired on 5th July 1993 and is survived by petitioner … fraud committed by the respondents and/or their predecessor and is thus within time. Learned counsel submits that under Section 263 of the Indian Succession Act, grant of probate can be revoked if the just cause described therein … D'Mello, learned counsel appearing for the petitioner invited my attention to Rules 374, 397 and 434 of the Bombay High Court (Original Side) Rules and

V. Sreekantha Reddy and ors. Vs. Varanasi Rajeena Venugopal Reddy

Court : Andhra Pradesh

Subject : Family

Acts : Succession Act, 1925 - Sections 372 and 374

Reported in : 2004(5)ALD200

at the time of securing the loans from the abovementioned two Banks. Therefore, under the scheme of Indian Succession Act, 1925, a succession certificate should not have been granted in favour of the respondent herein.7. Heard the learned Counsel … petitioner to disclose the right under which he/she claims the succession certificate.Section 374 deals with the contents of certificate and it reads as follows:'When the … file of the learned District Judge, Nellore, dated 5th April, 1995, the respondents therein preferred this appeal under Section 384 of the Indian Succession Act.2. The respondent herein filed the above-mentioned O.P. for grant of succession certificate

Mah. Gen. Jonathan Reuben Samson Vs. Zillah Solomon and Others

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 106, 138, 211, 255, 263, 278, 301, 303 and 304; Bombay High Court Original Side Rules - Rules 374 and 375; Code of Civil Procedure (CPC), 1908 - Rule 20, Order V

Reported in : AIR1991Bom222; 1991(1)BomCR334

legacy given to Zillah and Lily is one given to two persons jointly. Section 106 of the Indian Succession Act, 1925 applies to this bequest. Section 106 reads: 'If a legacy is given to two persons jointly, and one … On 7th March, 1989, this Court committed Zillah to civil prison for one month. However in Appeal No. 374 of 1989 this Court accepted her unconditional and unreserved apology and undertaking and saved Zillah from imprisonment. Zillah

Polaki Appa Rao Vs. Project Officer, Icds and ors.

Court : Andhra Pradesh

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 370, 372, 374, 381, 383, 384 and 387; Andhra Pradesh Leave Rules

Reported in : AIR2005AP530; 2005(5)ALD477

The learned Counsel had also drawn the attention of this Court to the relevant provisions of the Indian Succession Act, 1925 (in short hereinafter referred to as 'the Act'), and would contend that in the absence of any revocation … with the Succession Certificates and Section 372 deals with application for certificate. Section 373 envisages Procedure on application. Section 374 deals with Contents of certificate. Section 381 deals with Effect of certificate, which reads as hereunder: 'Subject to

Smt. Nirmala Choudhary and ors. Vs. Smt. Kamla Devi

Court : Madhya Pradesh

Subject : Family

Acts : Succession Act, 1925 - Sections 63, 372 and 374

Reported in : 2003(3)MPHT240; 2003(3)MPLJ509

position, vide Will (Ex. P-13) except the petitioners all other persons were excluded. The succession certificate issued under Section 374 of Indian Succession Act only empowers the grantee to recover the dues. The grant of succession certificate does … petitioners have preferred this revision petition under Section 115 of CPC read with Section 388(3) of the Indian Succession Act, 1925.2. Facts in brief are that Late Dr. Balkrishna Choudhary died at Sehore on 3-2-99. He was a

The State of Gujarat Vs. Shantaben

Court : Gujarat

Subject : Civil

Acts : Bombay Court-fees Act, 1959 - Schedule - Articles 10 and 11; Succession Act, 1925 - Sections 217

Reported in : AIR1972Guj108; (1972)0GLR170

three quarters per centum.Provided that when, after the grant of a certificate under Part X of the Indian Succession Act, 1925, or under Bombay Regulation VIII of 1827 or any corresponding law for the time being in force, in … Probate (Article 10) on the amount of value of any debt or security specified in the certificate under section 374 or the Act, and one and a half times this fee or the amount or value of any

In Re: Sunderji Laljee Khakhar

Court : Mumbai

Subject : Civil

Reported in : AIR1947Bom30; (1946)48BOMLR498

the taking out of the succession certificates. They are to be found in Part X of the Indian Succession Act, 1925. It is necessary to say this by way of introduction that under the Indian Succession Act it is … that the District Judge must be satisfied that the applicant has a right to apply for a certificate. Section 374 lays down what the contents of the certificate are to be. Section 376 provides for the extension of