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K.P. Narayanan (for the Estate of Late P.K. Raman of Colombo) Vs. Comm ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 23(4) and 41; Indian Succession Act, 1925 - Sections 332; Evidence Act - Sections 41

Reported in : [1975]98ITR130(Ker)

compromise, annexure ' B ', cannot be taken to be an assent under Section 332 of the Indian Succession Act, 1925. This contention is noticed by the Tribunal in the last part of paragraph 8 of its order, annexure … estate of late Sri P.K. Raman in the hands of Sri K.P. Narayanan has to be made under Section 41 of the Indian Income-tax Act, 1922 '2. The facts and circumstances of the case are that one Sri

Asharfi Devi Vs. Tirlok Chand and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 41; Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68

Reported in : AIR1965P& H140

deceased had been established but that its execution and attestation as required by section 63 of the Indian Succession Act, 1925, had not been proved. It was further found that only one house, the plan of which was Exhibit … and validity of which was also challenged and that the transferees were entitled to the protection conferred by section 41. Transfer of Property Act. (2) The trial Court found that the execution of the will by Manohar Lal

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e. … deceased testator from the date of the death of the testator, as long as the grant stands. Under section 41 of the Evidence Act, the grant operates as judgment in rem and can be set aside on the

Shanti Devi Vs. Daropti Devi and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 31, 63 and 218; Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 41, Rules 23, 23A and 25

Reported in : 2007(2)AWC1153(SC); (SCSuppl)2007(2)CHN83; 2006(5)CTC262; 2006(13)SCALE577

of the Indian Succession Act, the document in question being Will and its prove being governed by Indian Succession Act, 1925. 19. As discussed above the appellant on whom the onus was to prove Issue No. 4 did not … Civil - Power of remand - Order 2, Rule 2 - Order 41, Rules 23, 23A and 25 of Civil Procedure Code (CPC) - Appeal … in the property in dispute. I do not agree with the counsel of the plaintiff that provisions of Section 31 are permissive. The respondent filed another suit, which was marked as Suit No. 276 of 1992, for

Sakinabi and ors. Vs. Salebhai Hasanali Engineer

Court : Mumbai

Subject : Property

Acts : Presidency Small Cause Courts Act, 1882 - Sections 41; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 1 and 2; Succession Act, 1925 - Sections 305 and 306

Reported in : AIR1967Bom9; (1965)67BOMLR571; ILR1966Bom100

V of 1908), Order XXII, Rules 1, 4--Indian Succession, Act (XXXIX of 1925), Sections 305, 306--Ejectment proceedings against licensee under Section 41, Presidency Small Cause … death of a person, the relevant statutory provisions are contained in Sections 305 and 306 of the Indian Succession Act. These sections provide as follows:'305. An executor or administrator has the same power to sue in respect of … Opponent (Original Applicant), hereinafter referred to as 'the licensor', in the Court of Small Causes at Bombay under Section 41 in Chapter VII of the Presidency Small Cause Courts Act, seeking to eject the licensee from the premises

Taufeeq Hassan and anr. Vs. Dr. Khurshid Ara Begum and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act 1925 - Sections 372; ;Code of Civil Procedure (CPC) - Order 41, Rule 22

Reported in : 2006(3)ALD494

The said O.P. was filed by the wife of Dr. Tajammul Hussain under Section 372 of the Indian Succession Act 1925 praying for grant of Succession Certificate. No doubt, certain positive findings had been recorded that the wife and … 76 of 1996. The first and second respondents in the appeal-plaintiffs in the suit filed cross-objections under Order 41 Rule 22 of the Code of Civil Procedure praying for the amount of Rs. 86,350/- which had been

Michael Lorence Lopis and Others Vs. Joseph Lorence Lopis and Others

Court : Mumbai

Subject : Land Acquisition

June, 1983. The said deceased and the parties to this proceedings are governed by the provisions of Indian Succession Act, 1925 being Christians. The said will was registered with the sub registrars office. On 9th November, 1987, the said … that the registering authority could register the Will only if he was satisfied with the conditions setout in section 41 (2) of the Registration Act, 1908. The Sub-Registrar in this case had enquired with the testator and the

Michael Lorence Lopis and Others Vs. Joseph Lorence Lopis and Others

Court : Mumbai

Subject : Land Acquisition

June, 1983. The said deceased and the parties to this proceedings are governed by the provisions of Indian Succession Act, 1925 being Christians. The said will was registered with the sub registrars office. On 9th November, 1987, the said … that the registering authority could register the Will only if he was satisfied with the conditions setout in section 41 (2) of the Registration Act, 1908. The Sub-Registrar in this case had enquired with the testator and the

Blackwood and Sons Ltd. and ors. Vs. A.N. Parasuraman and ors.

Court : Chennai

Subject : Media and CommunicationIntellectual Property Rights

Acts : Constitution of India - Articles 366(10) and 372; International Law; Imperial Copyright Act, 1911 - Sections 25 and 35; Indian Independence Act, 1947 - Sections 18(3); Continuance of Copyright Act, 1911; ;Evidence Act, 1872 - Sections 41 and 82; Succession Act, 1925 - Sections 213, 228 and 270; Copyright Act, 1914 - Sections 1, 2, 2(1), 4 and 4(1)

Reported in : AIR1959Mad410

of Copyright Act, 1911, Sections 41 and 82 of Evidence Act, 1872, Sections 213, 228 and 270 of Succession Act, 1925 and Sections 1, 2, 2 (1), 4 and 4 (1) of Copyright Act, 1914 - petition sought for … and Co., as assignees from these executors, would stand in no belter position.49. Mr. Nambiar referred me to Section 41 of the Indian Evidence Act which enacted that an order of a competent court in the exercise of

Mandala Madhava Rao Vs. Mandala Yadagiri and Others

Court : Andhra Pradesh

Subject : Family

Acts : Succession Act, 1925 - Sections 88; Code of Civil Procedure (CPC), 1908 - Sections 107 - Order XLI, Rules 26 and 27

Reported in : 2001(3)ALD577; 2001(3)ALT295

Supreme Court reiterated the above principles.20. Nextly, it is necessary to refer to Section 88 of the Indian Succession Act, 1925 (hereafter called 'the Succession Act'), which reads as under :Where two clauses or gifts in a Will are … consider the CMP No.2896 of 2000.26. It is well settled that an application for additional evidence under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 (CPC) should be considered by the appellate Court along