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Lalsa Vs. Ivth Additional District Judge, Basti and Others
Allahabad
Apr-19-1999
Family
Indian Succession Act, 1925 - Sections 214 (2), 370, 371, 372 and 381; Provident Funds Act, 1925 - Sections 5 (2); Insurance Act, 1938 - Sections 39 (5); Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC), 1908 - Sections 60; Succession Certificate Act - Sections 4
1999(3)AWC1828
of judicial scrutiny. It is accordingly dismissed. Family - succession certificate - Sections 371 and 381 of Indian Succession Act, 1925, Section 39 (5) of Insurance Act, 1938 and Section 5 (2) of Provident Funds Act, 1925 - whether amounts of
Tag this Judgment! AI Brief & AskShakuntala Bai and anr. Vs. Sailatha Anand
Karnataka
Aug-03-2005
CivilInsurance
Indian Succession Act, 1925 - Sections 372, 373(4); Insurance Act, 1938 - Sections 39
ILR2005KAR4550; 2005(6)KarLJ367
appellant.2. The facts of the case are:-The appellants had filed a petition under Section 372 of the Indian Succession Act, 1925 ('the Act' for short) for grant of succession certificate in respect of the benefits arising under life insurance … its consideration only to the nomination made under the policy. He would next contend that in terms of Section 39 of the Insurance Act, 1938 (Act No. IV of 1938), a nominee of a life insurance policy does
Tag this Judgment! AI Brief & AskAbdul Karim and anr. Vs. Raheesa Ansari
Kerala
Jul-31-1985
Property
Succession Act, 1925 - Sections 373, 373(3), 384(1) and 388(2); Insurance Act, 1938 - Sections 39
AIR1986Ker183
disposal. 8. Learned counsel for the revision petitioners contended that the Appellate Court under Section 384 of the Succession Act, 1925 (for short 'the Act') has no power to order remand that the Succession Court acting under Part IX … in the heirs. In Sarbati Devi v. Usha Devi, AIR 1984 SC 346, Supreme Court, having regard to Section 39 of the Insurance Act, 1938, observed : 'A mere nomination made under Section 39 of the Act does
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Challamma Vs. Tilaga and ors.
Supreme Court of India
Jul-31-2009
FamilyCivil
Indian Succession Act, 1925 - Sections 372; Hindu Marriage Act, 1955 - Sections 5; Evidence Act, 1872 - Sections 50 and 114; Insurance Act, 1938 - Sections 39; Township Committee Rules
2009(5)LHSC3100; 2009(5)ALT57(SC); 2010(1)AWC533(SC); (2009)6MLJ587(SC); 2009(II)OLR(SC)532; (2009)9SCC299; 2009(5)LHSC3100
reasons, the appeal is dismissed with costs. Counsel's fee assessed at Rs. 5,000/-. - Section 5 & Indian Succession Act, 1925, Section 372: [S.B. Sinha & Cyriac Joseph, JJ] Succession certificate - Valid Marriage - Respondent Nos. 2 and 3 … no marriage has taken place.11. There is another aspect of the matter which cannot be lost sight of. Section 39 of the Insurance Act, 1938 enables the holder of a policy, while effecting the same, to nominate a
Tag this Judgment! AI Brief & AskRam Shreshth Singh Son of Late Alakh Singh Vs. Chulhai Singh Son of La ...
Patna
Nov-07-2009
CivilFamily
Succession Act, 1925 - Sections 213, 247 and 269; ;Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2
2010(58)BLJR350
Procedure have no application to a probate case, which is governed exclusively under the provisions of the Indian Succession Act, 1925. It is further submitted that under Section 213 of the Indian Succession Act, no right as executor or … 6 to 8, on the other hand, submits that the probate Court has rightly refused injunction as Order 39 Rules 1 and 2 of the Code of Civil Procedure have no application to a probate case, which
Tag this Judgment! AI Brief & AskChunni Lal and anr. Vs. Vidya Devi and ors.
Delhi
Jan-12-2007
Civil
Delhi Rent Control Act, 1958 - Sections 2, 14(1), 14(2), 27 and 39; Delhi Rent Control (Amendment) Act, 1988; Delhi Shops and Establishment Act; Indian Succession Act, 1925 - Sections 63; ; ; Evidence Act, 1872 - Sections 68 and 116; Indian Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 100
2007(93)DRJ418
of the deceased owner.13. Learned Counsel for the appellants relied upon the provision of Section 63 ofthe Indian Succession Act, 1925 (hereinafter referred to as the Succession Act). The said Section reads as under:63. Execution of unprivileged wills.--Every testator, … of the ARCT.5. It may be noticed at the threshold that the present appeal has been filed under Section 39 of the said Act, which is-only on a question of law. This provision stands deleted by the amendment
Tag this Judgment! AI Brief & AskMadhu Kishwar and Others Vs. State of Bihar and Others
Supreme Court of India
Apr-17-1996
Family
Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,
1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
the apprehension expressed by the State-level committee is unfounded.41. The Christians in India are governed by the Indian Succession Act, 1925. It is stated that by operation of Section 1 notification issued under the Government of India Act of … which justice, - social, economic and political - shall inform of all the institutions of notional life. Article 39(a) and (b) enjoin that the State policy should be to secure that men and women equally have the
Tag this Judgment! AI Brief & AskShri VishIn N. Kanchandani and anr. Vs. Vidya Lachmandas Khanchandani ...
Supreme Court of India
Aug-16-2000
CivilFamily
Government Savings Certificate Act, 1959 - Sections 6, 7 and 8; Indian Succession Act, 1925 - Sections 370; Government of India Act, 1935 - Sections 72; India and Burma (Emergency Provisions) Act, 1940; Code of Civil Procedure (CPC) - Sections 60(1); Insurance Act, 1938 - Sections 39 and 44
AIR2000SC2747; 2000(4)ALLMR(SC)688; [2000]102CompCas340(SC); 2000(4)CTC115; [2000]246ITR306(SC); JT2000(9)SC321; (2001)1MLJ1(SC); 2000(II)OLR(SC)528; 2000(5)SCALE592; (2000
Book Post Office Savings Bank. The respondent No. 1 filed a petition under Section 370 of the Indian Succession Act, 1925 for the grant of succession certificate in respect of debts and securities left by the aforesaid deceased in … [1984]1SCR992 by pointing out the difference of the language and phraseology in Section 6 of the Act and Section 39 of the Insurance Act. According to him the words, 'the nominee shall, on the death of the holder
Tag this Judgment! AI Brief & AskSampuran Singh Vs. Kartar Singh and ors.
Punjab and Haryana
Jul-01-2005
Civil
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 39, Rules 1 and 2
(2005)141PLR153
is dismissed in limine. Civil - Execution of Will - Section 63(c) of Indian Succession Act, 1925 and Order 39 Rule 1 and 2 of Code of Civil Procedure, 1908 (CPC) - X/father of appellant executed Will in favor … that the will has not been proved in accordance with the provisions of Section 63(c) of the Indian Succession Act, 1925 (for brevity, 'the Succession Act') read with Section 68 of the Indian Evidence Act, 1872 (for brevity, 'the
Tag this Judgment! AI Brief & AskB. Shivaramiah Vs. Rangamma and ors.
Karnataka
Sep-12-1951
Property
Succession Act, 1925 - Sections 87; Specific Relief Act, 1877 - Sections 39; Code of Civil Procedure (CPC), 1908 - Sections 11; Hindu Law
AIR1952Kant32; AIR1952Mys32; (1952)30MysLJ196
intention of testator to find out whether legatees take property as joint tenants, under section 87 of the Succession Act, 1925, when bequest was made in favour of both husband and wife (b) The case debated on the necessity … favour of both husband and wife (b) The case debated on the necessity to cancel the deed, under section 39 of the Specific Relief Act, 1877 that contained admission obtained fraudulently - The Court ruled that it was
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