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K. Satyavathi Vs. Regional Director, Employee State Insurance Corporat ...
Andhra Pradesh
Jul-17-1990
Labour and Industrial
Hindu Succession Act of 1956 - Sections 8; Insurance Act, 1938 - Sections 38 and 39; Provident Fund Act, 1925 - Sections 5
(1992)IILLJ594AP
to the petitioner as well as to the second respondent in accordance with Section 8 of the Hindu Succession Act of 1956. 2. The relevant facts are as follows : The petitioner is the mother of one K. … V. Satyanarayana were : 1. Death-cum-Retirement Gratuity; 2. Family Pension; 3. Provident Fund payable under the provisions of Act, 1925. 4. Group Insurance amount; and 5. Co-operative Society Benevolent Fund. A claim is made by the petitioner for … the amount during the life time of the assured and if the policy is transferred or assigned under Section 38 of the Act, the nomination will automatically laps. These conclusions were arrived at on the interpretation of Sections
Tag this Judgment! AI Brief & AskKissondas Premchand Vs. Jivatlal Pratapshi and Co.
Mumbai
Dec-20-1935
Commercial
AIR1936Bom423; (1936)38BOMLR864
6 Bom. L.R. 853, doubted.;Mathuradas v. Raimal (1935) 37 Bom. L.R. 642, commented on.;Section 323 of the Indian Succession Act, 1925, merely lays down a rule of procedure that must be followed by an executor or administrator. It is … value of the interest so disposed of by him. Very extensive powers are given to the Court by Section 38 of that Act for the enforcement of this right (to follow the assets on the application of any
Tag this Judgment! AI Brief & AskAnand Versha & Anr vs Narender Kumar Sharma (Deceased) Thr Lrs &am ...
Delhi
Jan-28-2026
Land Acquisition
making the will, by operation of law, the will stands revoked. (See Sections 69 and 70 of the Succession Act, 1925.) Registration of a will does not make it any more effective.Conclusionxxx xxx xxx24. We therefore reiterate that immovable … a will has to be attested at least by twoRFA 748/2018 Page 38 of 48 witnesses, Section 68 of the Evidence Act provides that a … estoppel is applicable. 7.8 Respondent no. 1‟s deliberate abstention from the witness stand attracts an adverse inference under Section 114(g) of the Indian Evidence Act, 1872 (“Evidence Act”)/ Section 119(g) of the Bharatiya Sakshya Adhiniyam, 2023 (“BSA”),
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Shirish Popatlal Shah Vs. Arun Popatlal Shah
Mumbai
Jul-08-2016
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 … sign. These are undoubtedly material circumstances and they would certainly have had a bearing on his final assessment. 38. An expert s opinion does not always need corroboration, but it must be complete, i.e., based on a
Tag this Judgment! AI Brief & AskMrs. Leelawati Singh and anr. Vs. State and ors.
Delhi
Sep-16-1998
Family
Indian Succession Act, 1925 - Sections 276; Banking Regulation Act, 1949 - Sections 45ZA; Hindu Succession Act, 1955
4(1998)CLT165; 75(1998)DLT694
the estate of the deceased and he would be entitled to notice under Section 283(1)(c) of the Indian Succession Act, 1925. While deciding the point, the Kerala High Court observed:'It is settled law that in proceedings for probate or … is concerned one need not go beyond Section 39 of the Indian Insurance Act and perhaps to its Section 38 as well. In England as in India, in addition to assignments and creation of trusts one finds in
Tag this Judgment! AI Brief & AskLeelavathi @ Leelamma and anr. Vs. Chandra Mouli and anr.
Karnataka
Apr-12-2006
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 149(2), 155, 166, 170 and 173; Motor Vehicles Act, 1939 - Sections 110A and 110C(2A); Indian Succession Act, 1925 - Sections 306; Constitution of India - Article 38; Indian Penal Code
ILR2007KAR2338; ILR2007(2)Kar2338; 2007(4)KCCRSN217(DB)
and Anr : ILR2002KAR1864 . Our attention was drawn to the provisions of Section 306 of the Indian Succession Act, 1925 (Central Act No. 39 of 1925). Placing reliance on both these decisions, the learned Counsel assertively canvassed that … of the statute of pre-constitutional law. It clashes with and is violative of directive principles contained under Article 38 part IV of the Constitution, which is inducted to render justice to all.21. He referred to the decision
Tag this Judgment! AI Brief & AskH.S. Chetan (Since Deceased by His Lrs. Leelavathi @ Leelamma W/O. K. ...
Karnataka
Apr-12-2006
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 149, 149(2), 155, 166, 170 and 173; Motor Vehicles Act, 1939 - Sections 110A and 110C(2A); Indian Succession Act, 1925 - Sections 306; Constitution of India - Article 38
2008ACJ191; 2007(6)KarLJ381; 2007(4)AIRKarR192; AIR2007NOC1642(DB).
reported In : ILR2002KAR1864 . Our attention was drawn to the provisions of Section 306 of the Indian Succession Act, 1925 (Central Act No. 39 of 1925), Placing reliance on both these decisions, the learned Counsel assertively canvassed that … of the statute of pre-constitutional law. It clashes with and is violative of directive principles contained under Article 38 part IV of the Constitution, which is inducted to render justice to all.21. He referred to the decision
Tag this Judgment! AI Brief & AskManek Dara Sukhadwalla Vs. Shernaz Faroukh Lawyer and Another
Mumbai
Jul-25-2012
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 … the state which enables him to oppose the grant of probate of the two wills to the Petitioner." 38. In George Anthony Harris vs. Millicent Spencer (1932 BLR XXXV 708), a Single Judge of this Court observed
Tag this Judgment! AI Brief & AskBhavesh Vinodrai Doshi Vs. Smt. Hansaben Vinodrai Doshi and Another
Mumbai
Jul-22-2016
Land Acquisition
Will is to be duly proved. They are covered respectively by Section 63 and 59 of the Indian Succession Act, 1925. The first aspect speaks to the manner and mode of execution. There must be two witnesses and each … barest look at these signatures and the one on the Will shows that the two are entirely different. 38. Mr. Ratnani relies on the decision in the case of Ryali Kameswara Rao v Bendapudi Suryaprakasarao and Ors.,
Tag this Judgment! AI Brief & AskAvtar NaraIn Behal Vs. Subhash Chander Behal
Delhi
Oct-20-2008
FamilyCivil
Indian Succession Act, 1925 - Sections 299; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4; Delhi High Court Act, 1966 - Sections 4, 5(2), 10, 10(1) and 15; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 10; Arbitration Act, 1940 - Sections 39 and 39(1); Trade Marks Act, 1940 - Sections 76; Government of India Act, 1915; Guardians and Wards Act - Sections 25, 47 and 48; Motor Vehicles Act - Sections 140; Land Acquisition Act, 1894 - Sections 54; Companies Act, 1956 - Sections 10-E, 10-F, 397, 398 and 483; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 4, 4(1), 35A, 47, 91, 92, 95, 96, 100A, 104, 104(1), 104(2), 115 and 622 - Order 39, Rule 1 - Order 43, Rule 1; Constitution of Ind
154(2008)DLT140
appellant aggrieved by the same preferred an appeal being FAO No. 420/2003 under Section 299 of the Indian Succession Act, 1925 which was also dismissed by the learned single Judge on 31.03.2008 and the present Letters Patent Appeal has … authority having power to make such provision.5. Section 100A was introduced in the Code of Civil Procedure by Section 38 of the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976), which came into force with
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