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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. … of a criminal court will certainly not be binding on a civil court. We have noticed hereinbefore that Section 43 of the Evidence Act categorically states that judgments, orders or decrees, other than those mentioned in Sections 40,

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

Act and not otherwise. Similar provisions exist in the Official Trustees Act, 1930, Section 302 of the Indian Succession Act, 1925 and Section 7 of the Charitable and Religious Trusts Act, 1920. The courts of India have all along … power is similar to the power conferred in Courts by Sec. 34 of the Trusts Act and S. 43 of the Trustees and Mortgagees Powers Act, 1866. In fact in this country we have condified the very

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 … in the later decisions of this Court, such as Bhagirthibai v. Roshanbi : Mirkha v. Bhagirithibai I.L.R. (1918) 43 Bom. 412 : 21 Bom L.R. 329; and Lala Miya v. Manubibi I.L.R. (1923) 47 Bom. 712 :

Joyna John Vs. State and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 299/384, 276/279, 63; Evidence Act, 1872 - Section 68

1. The present appeal under section 299/384 of the Indian Succession Act, 1925 is directed against the order dated 02.07.2007 passed by learned Additional District Judge, whereby the learned Judge has

Manek Dara Sukhadwalla Vs. Shernaz Faroukh Lawyer and Another

Court : Mumbai

Subject : Land Acquisition

of the remedy of filing an Application for revocation of the probate under Section 263 of the Indian Succession Act, 1925. 15. Learned Counsel then pointed out the judgment of the Apex Court in the case of G. Gopal … build upon it." 30. In Commissioner of Income Tax Vs. Sun Engineering Works (P) Ltd., (AIR 1973 SC 43), the Apex Court held as under: "It is neither desirable not permissible to pick out a word or

Surinder Pal Vs. Harish Kumar

Court : Punjab and Haryana

Subject : PropertyFamily

Acts : Registration Act, 1908 - Sections 42, 43 and 44; ;Indian Succession Act, 1925 - Sections 2

Reported in : (2003)133PLR567

his book No. 3 and thereafter the Registrar shall redeposit the original Will. Section 2 of the Indian Succession Act, 1925 defines 'Condicil', to mean an instrument made in relation to a Will and explaining, altering or adding to … the Registration Act, 1908 provides for the deposit of the Will with the Registrar in a sealed cover. Section 43 of the said Act provides for the procedure. The Registrar after satisfying himself is required to place and

Thilliammal, Vs. Thandavamurthy and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Mysore Hindu Law Women's Rights Act,1933 -Sections 2, 3, 4, 10(1), 10(2), 11, 12, 13, 16, 17, 18, 18(1), 18(2) and 21; Indian Succession Act, 1925 - Sections 5; Karnataka Rent Control Act, 1961 - Sections 19; Hindu Succession Act, 1956 - Sections 14 and 14(1); Hindu Women's Right to Property Act, 1937; Transfer of Property Act, 1882 - Sections 43

Reported in : ILR2008KAR819; ILR2008(1)Kar819; 2008(2)KCCRSN88; 2007(6)AIRKarR397; AIR2008NOC190; 2008AIHC446(Kar)

law on the question of migration which was also argued before me.The word 'domicile' finds place in Indian Succession Act, 1925. Section 5 of the Act, 1925, declares that succession to the immovable property in India of a person deceased … out Under Section 10 of the said Mysore Act?(17) Whether defendants 1 to 4 acquired absolute interest Under Section 43 of the T.P. Act and could convey valid title to defendants 6 to 23?8. On behalf of the

Anand Versha & Anr vs Narender Kumar Sharma (Deceased) Thr Lrs &am ...

Court : Delhi

Subject : Land Acquisition

making the will, by operation of law, the will stands revoked. (See Sections 69 and 70 of the Succession Act, 1925.) Registration of a will does not make it any more effective.Conclusionxxx xxx xxx24. We therefore reiterate that immovable … the case of Shyam Kumar Inani Versus Vinod Agrawal andRFA 748/2018 Page 43 of 48 Others, (2025) 3 SCC 286, wherein, it has been held … estoppel is applicable. 7.8 Respondent no. 1‟s deliberate abstention from the witness stand attracts an adverse inference under Section 114(g) of the Indian Evidence Act, 1872 (“Evidence Act”)/ Section 119(g) of the Bharatiya Sakshya Adhiniyam, 2023 (“BSA”),

Mawaji Ramji and ors. Vs. Premji Kumbhabhai Chanda

Court : Orissa

Subject : Contract

Acts : Contract Act, 1872 - Sections 25(3) and 43

Reported in : AIR1967Ori158

the inheritance of the liabilities the heirs become joint promisors under Ex 1 by virtue of inheritance When succession opens Section 43 applies with full force There is no logic in confining the applicability of Section 43 … opinion in the Calcutta High Court, the matter was examined in AIR 1925 Cal 1050 (FB) Kailash Chandra v. Brojendra The short facts in that … V Sooravya v. Kateeza Begum This decision cannot be accepted as authority in support of the contention that Section 43 of the Contract Act has no application to coheirs. Their Lordships said :--'It might be observed that there

Satya Narayan Agiwal and Bishwanath Agiwal Vs. State Bank of India and ...

Court : Jharkhand

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 299; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 18, 20 and 21; Bengal Civil Courts Act, 1871; Civil Courts Act - Sections 3; Land Acquisition Act, 1894 - Sections 54; Guardian and Wards Act; Arbitration Act; Code of Civil Procedure (CPC) , 1908 - Sections 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 217(1) and 218D - Order 43, Rule 1 and 1A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Government of India Act - Sections 108

Reported in : 2005(2)BLJR1580; [2005(3)JCR1(Jhr)]

Court from an order of the learned District Judge in an appeal under Section 299 of the Indian Succession Act, 1925. Mr. Prasad submitted that in the said decision the Hon'ble Supreme Court had held that Section 299 conferred … specific bar from filing any further appeal from an order passed in appeal under the aforesaid provision. Order 43 Rule 1-A gives further right to challenge even those appellable orders even in an appeal filed against the