Advanced Search Results

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … are valid not only inter partes but against all the world. Sections 40 to 44 of the Evidence Act deal with the relevancy of judgments … ORDERS.D. Shah, J.1. This Civil Revision Application, under Section 115 of the Code of Civil Procedure, is directed against the order below Exs. 150 and 152 in

Adapala Subba Reddy and anr. Vs. Adapala Andemma and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 247; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 40, Rule 1

Reported in : AIR1951Mad393; (1950)IIMLJ650

or under any inherent jurisdiction of the Court. It was pointed out intar alia that under Section 247, Succession Act, 1925, pending any suit touching the validity of the will of a deceased person the Court may appoint an … petition purporting to be under Sections 247 and 268, Succession Act and Sections 94 and 151 and Order 40, Rule 1, Civil P. C., for the appointment of an interim administrator or receiver to take possession of

Aaftab Ahmad Vs. Mohd. Soyeb and ors.

Court : Allahabad

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 40 to 42, 43, 62 and 68; Indian Succession Act, 1925 - Sections 63; Code of Civil Procedure (CPC) - Sections 11 - Order 7, Rule 14 - Order 14, Rule 3; Uttar Pradesh Zaminidari Abolition and Land Reforms Act - Sections 229B; Evidence Act - Sections 13; Muslim Law

Reported in : 2005(4)AWC3867J

evidence tendered in proof of a Will should additionally satisfy the requirement of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. If after considering the matters before it, that is, … principle of law that the judgment of the former suit is not covered by the provisions of Sections 40, 41, 42 and 43 of the Evidence Act and it is wholly irrelevant and not admissible in evidence.

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under … along with the Memorandum of Appeal cannot render the appeal itself incompetent. 40. Before parting with this case, I should not fail to express my

Syed Askari Hadi Ali Augustine Imam and anr. Vs. State (Delhi Admn.) a ...

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Succession Act, 1865 - Sections 63 and 276; Evidence Act, 1872 - Sections 8, 8(1), 40 to 43 and 68; Probate and Administration Act, 1881 - Sections 12 and 59; Succession Act, 1925 - Sections 227 and 273; Indian Penal Code (IPC) - Sections 34, 420, 444, 448 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 309, 340(1), 341, 343(2); Constitution of India - Article 136; ; ;

Reported in : 2009AIRSCW3251; AIR2009SC3232; JT2009(4)SC522; 2009(3)SCALE604; (2009)5SCC528; 2009AIRSCW3251; 2009(2)LHSC961; [2009] 3 SCR 1017

administrator : vide Sections 12 and 59, Probate and Administration Act, 1881, corresponding to Sections 227 and 273, Succession Act, 1925, which now incorporates that Act, Section 41, Evidence Act etc: Babu Lal v. Hari Bakhsh (1918) 13 P.R. … discussion is -- (1) the previous judgment which is final can be relied upon as provided under Sections 40 to 43 of the Evidence Act; (2) in civil suits between the same parties, principle of res judicata

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of … amongst his lineal descendants shall be those contained in Sections 37 to 40. Section 37 provides that where the intestate has left surviving him a

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 47; Special Marriage Act, 1954 - Section 21; Indian Succession Act - Sections 29, 31 to 40, 57, 213(2), 63

the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose … in cases of intestates other than Parsis shown in Sections 31 to 40 of the Indian Succession Act. Under Section 29(1), these rules do not … 8. The consequences of registration of the marriages under the Special Marriage Act, 1954, are set out in Section 21 of the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in

Virbhadrappa Shilvant Vs. Shekabai Harun Sayed Ahmed Arab

Court : Mumbai

Subject : Family

Reported in : AIR1939Bom188; (1939)41BOMLR249

Section 32 of the Administrator-General's Act, 1913, or a succession certificate granted under Part X of the Indian Succession Act, 1925, or a certificate granted under the Succession Certificate Act of 1889, and having the debt specified therein. Unless … Court in the earlier decisions. But in the full bench case of Abdul Majeeth v. Krishnamachariar I.L.R. (1915) 40 Mad. 243 that Court followed the Allahabad High Court in holding that a sale effected, to pay off

Darjus Jehangir Vs. Lyla Minoo Ghasvalla and Others

Court : Mumbai

Subject : Family

Acts : Successions Act, 1925 - Sections 74, 75, 82, 83, 88, 119, 120, 131 and 132; Guardians and Wards Act, 1890 - Sections 29

Reported in : AIR2000Bom372; 2000(2)ALLMR32; 2000(3)BomCR447; (2000)2BOMLR108

Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has relied on the decisions in the cases of (i) Re. Rowland & another 1963 CD … been made to respondent No. 1 and conditional in some of the others. Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has … this controversy, Clauses 6, 7, 8, 9, 10, 11, 13, 14 and 40 of the Will are relevant and are reproduced hereunder:'6. I have two

Shyamal Kanti Guha (D) Through Lrs. and ors. Vs. Meena Bose

Court : Supreme Court of India

Subject : Property

Acts : India Succession Act, 1925 - Sections 88 and 119; Indian Succession Act, 1865

Reported in : AIR2009SC1194; 2008(4)AWC3245(SC); (2008)4CALLT16(SC); JT2008(6)SC626; (2009)2MLJ104(SC); (2008)8SCC115

partition suit is maintainable but subject to declaration that respondent is confined to life interest only - INDIAN SUCCESSION ACT, 1925. Section 222: [S.B. Sinha &Lokeshwar Singh Panta, JJ] Will Testator executed two registered Will first on 26.8.1987 and the