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Thresia and anr. Vs. Kochuthommen

Court : Kerala

Subject : Family

Acts : Administrator General Act, 1963 - Sections 29, 32 and 53; Succession Act, 1925 - Sections 213 and 391

Reported in : AIR1991Ker337

Going bythe above provisions there can be no doubtthat without a probative the suit could not bedecreed. 6. Section 391 of the Indian Succession Act, 1925 states, inter alia, that nothing in Part VIII, Part IX or Part … but without obtaining a probate from the District Court under the provisions of Part IX of the Indian Succession Act, 1925, the Civil Court can grant relief to legatee under a Will from a person to whom the provisions

Umed Chand Golcha Vs. Dayaram and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2001ACJ966

survives to the legal representatives being not covered by the exceptions contained in Section 306 of the Indian Succession Act, 1925. The court in para 8 said:(8) ...The principle of actio personalis moritur cum persona relates only to the … judgment, which are as extracted below:(4) In the matter of Chuharmal Issardas v, Haji Wall Mohammed 1968 ACJ 391 (MP), Division Bench of this court held that provisions relating to abatement contained in Order XXII of Civil

Santosh Kumar Mondal and ors. Vs. Nandalal Chakrapani and ors.

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 22, Rules 2, 3, 9 and 11 - Order 41, Rules 4 and 33

Reported in : AIR1963Cal289

to abate, see Order 22, Rules 1 and 11 C. P. C, and Section 306 of the Indian Succession Act, 1925. Since the right of appeal from the whole decree was vested in each appellant severally, the right survives … It is to be observed that in the case of abatement of a suit also the bar of Section 391 of the Code of 1882 corresponding to Order 22, Rule 9 C. P. C. 1908 did not either

N. Chinnakannu Pillai Vs. N.S. Sundaram

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC) ; Succession Act, 1925 - Sections 371 and 388; General Clauses Act, 1897 - Sections 24; Succession Certificate Act, 1889

Reported in : AIR1951Mad437; (1950)2MLJ607

that the Subordinate Judge had no jurisdication. There is no notification of the Provincial Government under Section 388(1), Succession Act, 1925, empowering Subordinate Judges to issue succession certificates. Under Section 26, Sub-section (3), Succession Certificate Act (vii [7] of … the present case.2. Under Section 26 (1), Succession Certificate Act, 1889, the Local Government by G. O. No. 391 dated 22-10-1921 notified that the Subordinate Judge of Tuticorin would have jurisdiction to issue succession certificates. In a

M.V. Savitri Ammal Vs. Secretary, Revenue Department, Govt. of Madras

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 74, 129 and 130

Reported in : AIR1969Mad217

absolute owner' of the properties. 13. No costs. Family - estate - Sections 74, 129 and 130 of Succession Act, 1925 - condition apparent in Will that issueless daughter of testator should survive widow and enjoy properties - ultimate … properties in question. Her contention is that in the instant case the principle of the rule embodied in Section 130 of the Succession Act of 1925 (corresponding to Section 117 of the Act of 1865) should be … the decision in Re Bailey Barrett y. Hyder, (1951) 1 All ER 391 which contains a discussion of the relevant decisions dealing with the exact

K.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136

Reported in : 1998(3)KarLJ634

circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material … 1971 before the Munsiff at Kolar, subsequently transferred to the Court of Munsiff, Chintamani, renumbered as O.S. No. 391 of 1971, videcopy of the written statement in Ex. P-40 and order sheet of the suit in Ex.

In Re: Sakamari Steel and Alloys Ltd.

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 390, 391, 391(1), 391(2), 391(6), 392, 393, 393(1), 394, 394A, 397, 398 and 643

Reported in : [1981]51CompCas266(Bom)

interest - such scheme is not workable - same conclusion follows for class of unsecured creditors. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … disposed of .......'20. Companies (Court) Rules, 1959.'67. Summons for directions to convene a meeting. - An application under section 391(1) for an order convening a meeting of creditors and/or members or any class of them shall be by

Centron Industrial Alliance Ltd. Vs. PravIn Kantilal Vakil and Another

Court : Mumbai

Subject : Company

Acts : Companies Act 1956 - Sections 169, 173, 274, 391, 391(1), 391(2), 395 and 494; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 23

Reported in : [1985]57CompCas12(Bom)

and its members - this is fit case where shareholders can be prevented from holding meeting. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … unsecured - any opposition to such scheme should be expressed and taken note of in manner provided in Section 391 and not by shareholders requisitioning meeting in order to compel company to withdraw petition - in present case

Gokul Chandra Das Vs. Susanta Kumar Das and ors.

Court : Jharkhand

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 222, 224 and 229 to 231; Code of Civil Procedure (CPC) , 1908

Reported in : AIR2003Jhar58; [2003(1)JCR618(Jhr)]

contentions of the parties it would be useful to refer some of the relevant provisions of the Indian Succession Act, 1925 (in short the Act). 5. Section 222 of the Act provides that probate shall be granted only to … relied upon the decisions of Most. Triveni Kuer and Anr. v. Shankar Tiwari and Ors., AIR 1971 Pat 391; Arjun Prasad and Ors. v. Biteshwar Singh, AIR 1982 Pat 208 and Ramlal Sah v. Birendra Kumar, 1986

In Re: Dena Bank Ltd.

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956, Sections 39(1), 145, 391, 392(1), 394 and 394(1)

Reported in : [1976]46CompCas541(Bom)

holder's - said fact renders challenge on amalgamation for not being beneficial to company as unsustainable. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … Vimadalal, J.1. This is a petition by a transferor-company under section 391 read with section 394 of the Companies Act for sanctioning a scheme of amalgamation under which the property,