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Basti Ram Vs. Ved Parkash and ors.

Court : Punjab and Haryana

Subject : FamilyProperty

Acts : Hindu Law - Article 382; Indian Succession Act, 1925 - Sections 57, 114 and 115

Reported in : AIR1974P& H152

share and even more than that.' By virtue of Section 57 read with Schedule III of the Indian Succession Act, 1925(hereinafter referred to as the Act), Sections 114 and 115 have been made applicable to all Wills made … Will created an estate tail which is not permitted by the Hindu Law. He has referred to Article 382 of the Hindu Law by Mulla, Thirteenth Edition. The learned counsel for the respondents contests the said argument

Shri NaraIn Singh Etc. Vs. the State and ors

Court : Delhi

Subject : Education

are as under :“The respondent No.2, Jagdish Chand Sharma, filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of letter of administration with regard to the will of late Nathu Singh executed in his … affection for the petitioner. “Nemo praesumitur alienam posteritatem suae praetulisse” [Trayner’s Latin Maxims, 4th edition, 2005 reprint, p. 382].: No one is presumed to have preferred another’s offspring to his own. This is a legal presumption which

Annu Bhujanga Chigare Vs. Rama Bhujanga Chigare

Court : Mumbai

Subject : Family

Reported in : AIR1937Bom389; (1937)39BOMLR606

Clause (c)-Sign-Attestation-Mark made by attesting witness whether valid.;The word 'sign' in Section 63, Clause (c), of the Indian Succession Act, 1925, includes a mark. Hence, a will is validly attested if it bears only the marks of attesting witnesses.;Maikoo … and also a similar decision of our High Court in D. Fernandez v. R. Alves I.L.R. (1879) Bom. 382. The gist of this argument is that there is a difference between the wording of Clauses (a) and

Mrs. Pushpa Vadera Vs. Thomas Cook (India) Ltd.

Court : Company Law Board CLB

Subject : Education

Reported in : (1996)87CompCas921

no effect as the will has not been executed and attested in the manner provided under the Indian Succession Act, 1925. The witness clause of the will reads as under : "In witness whereof, I have signed this will … the will. (3) In Ramchand Ganeshdas v. Sardara Singh, AIR 1962 Punj 382, the court held that no probate was necessary in order to set … on March 28, 1990, by Mrs. Pushpa Vadera, an Indian inhabitant (hereinafter referred to as "the appellant") under Section 111 of the Companies Act, 1956, for issuance of necessary directions to Thomas Cook (India) Limited (hereinafter referred

Chrome Leather Company Ltd., Rep. by Its Manager A. Selvakumar Vs. Q. ...

Court : Chennai

Subject : Land Acquisition

they have established a just cause and also referring to Explanation (b) to Section 263 of the Indian Succession Act,1925 held that the power of attorney adopted certain fraudulent activities. However, the Application filed by the present appellant

Zarina R. Irani and anr. Vs. Shapur Jawanmardi and ors.

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 63

Reported in : 2004(4)ALLMR408; 2004(6)BomCR142; 2005(1)MhLj293

suffering from carcinoma prostate glands. The learned counsel referred to Sections 2, 59 and 63 of the Indian Succession Act, 1925 and Sections 45, 47, 67, 68 and 72 of the Evidence Act, 1872 and submitted that the propounder … believable. PW1 even denied that the deceased was suffering from carcinoma prostate glands. The learned counsel referred to Sections 2, 59 and 63 of the Indian Succession Act, 1925 and Sections 45, 47, 67, 68 and 72 … the deceased or in the presence of each other. Referring to Rule 382 of the Bombay High Court (O.S.) Rules, the learned counsel submitted that

Wilma Levert Canuao and Others Vs. Allan Sebastian D'Souza and Another

Court : Mumbai

Subject : Land Acquisition

and the object of the trust either exists or remains to be executed. 9. Section 63 of the Succession Act, 1925 specifies the manner in which a will has to be executed. Clause (c) of Section 63 requires attestation … in a sound and disposing state of mind has not been controverted or challenged; (v) The provisions of Section 382 of the Rules framed by this Court on the Original Side have been interpreted in a judgment of

Anil Kakkar & Ors. Vs.hans Raj Kakkar & Anr.

Court : Delhi

Subject : Education

conclusive proof of the legal character throughout the world. An assessment of the relevant provisions of the Indian Succession Act, 1925 does not convey a meaning that by the Proceedings filed for grant of probate or letters of administration, … by the Punjab High Court in Ram Chand Vs. Sardara Singh AIR1982Pun. 382 and M/s. Bihari Lal Ram Charan (supra) and by Allahabad High Court … application under any Act. But it has to be an application to a court for the reason that Sections 4 and 5 of the 1963 Limitation Act speak of expiry of prescribed period when court is closed

Late R. Sridharan by Legal Heirs Mrs. Rosa Marie Stenbchler and Minor ...

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Law; Hindu Succession Act, 1956 - Sections 2 and 5; Hindu Marriage Act, 1955 - Sections 2; Hindu Adoptions and Maintenance Act, 1956 - Sections 2; Hindu Minority and Guardianship Act, 1956 - Sections 2; Income-tax Act, 1922 - Sections 3; Special Marriage Act, 1954 - Sections 21; Wealth Tax Act; Expenditure Tax Act; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1970Mad249; [1969]73ITR360(Mad)

said that the Act does not apply to any property, succession to which is regulated by the Indian Succession Act, 1925, by reason of the provisions contained in Section 21 of the Special Marriage Act, 1954. This, however, overlooks … Chetty, ; Parappa v. Nagamma,; Subra-manian v. Kalyanarama lyer, ;Ramalingam Pilial v. Ramalakshmi Ammal (1957) 2 Mad LJ 382 - (AIR 1958 Mad 228); Lakshmi Ammal v. Ramachandra Reddiar, and Satrughan v. Sabujpari, , do all afford

Meena Pradhan Vs. Kamla Pradhan

Court : Supreme Court of India

Subject : Land Acquisition

in appropriate proceedings.3. Pursuant to this order of the High Court, proceedings under Section 276 of the Indian Succession Act 1925 (hereinafter referred to as ‘the Succession Act’) for a grant of Probate or Letter of Administration were initiated