Advanced Search Results

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest … application in the instant case.44. Before I part with the case, I would like to state that Article 44 provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory

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 … not only inter partes but against all the world. Sections 40 to 44 of the Evidence Act deal with the relevancy of judgments of courts … 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

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 procedure. The Registrar after satisfying himself is required to place and retain the sealed cover with him. Section 44 of the said Act provides that the testator who had deposited the Will in a sealed cover, if

Ramniklal Amritlal Shah Vs. Bhupendra Impex Pvt. Ltd. and ors.

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 21(1), 111 to 114, 212 and 213; Transfer of Property Act, 1882 - Sections 4 and 44; Partition Act, 1893 - Sections 4(1); Straits Settlements Limitation Ordinance Act, 1896 - Sections 17

Reported in : AIR2001Bom224; 2001(2)ALLMR592; 2001(2)BomCR479; (2001)1BOMLR670; 2001(2)MhLj536

was quick to point out that these Judgments were rendered prior to coming into force of the Indian Succession Act. 1925. and that the language used in sections 111 to 114 of the 1925 Act made a qualitative difference … Madhuben @ Mridulaben Amritlal Shah who had filed the suit before this Court. The suit was filed invoking Section 44 of the Transfer of Property Act and Section 4 of the Partition Act, 1893. The case was that

S. Sudaramurthy and Others Vs. Saraswathi Lakshmanan and Others

Court : Karnataka

Subject : Land Acquisition

in favour of defendants 1 and 2 is void. Attention is drawn to Section 122 of the Indian Succession Act, 1925, which reads as follows: 122. Onerous bequests. “ Where a bequest imposes an obligation on the legatee, he … suit a company petition was said to have been filed before the Company Law Board, in case no. 44/1995, in which a settlement had been arrived at and the plaintiff and defendants 3 and 4 are said

Sri S Sundaramurthy Vs. Smt Saraswathi Lakshmanan

Court : Karnataka

Subject : Land Acquisition

in favour of defendants 1 and 2 is void. Attention is drawn to Section 122 of the Indian Succession Act, 1925 , which reads as follows : “122. Onerous bequests. .-Where a bequest imposes an obligation on the legatee, … the plaintiff having relinquished her rights over the Brunton Road properties, would only render the obligation cast on 44 the defendants as being a personal one cast on them by the testator and it could not be

Mohammad Yunis Vs. Malooki Widow of Nabi Khan and ors.

Court : Punjab and Haryana

Subject : Customs

Acts : Indian Succession Act, 1925 - Sections 118; ;Protection of Human Rights Act, 1993 - Sections 2 and 12; ;Constitution of India - Articles 1(1), 13, 14, 15, 15(3), 16, 21, 25, 26, 44 and 51A; Hindu Succession Act, 1956; Punjab Pre-emption Act, 1913 - Sections 15;

Reported in : AIR2004P& H115; (2004)136PLR330

John Vallamattom v. Union of India, (2003)6 S.C.C. 611, the Apex Court struck down 118 of the Indian Succession Act, 1925 restricting bequeathing of property for religious orcharitable use except in the manner provided therein. It was observed as … by reason of the Hindu Succession Act, 1956 and other enactments. This court, therefore, while considering constitutionality of Section 118 of the Indian Succession Act, is entitled to take those facts also into consideration.''Before I part with … I part with the case, I would like to state that Article 44 provides that the State shall endeavor to secure for the citizens a

Vijayalakshmi Jayaram Vs. M.R. Parasuram and Others

Court : Andhra Pradesh

Subject : CivilCommercialArbitration

Acts : Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4 - Order 21, Rule 49 - Order 22, Rules 5 and 10; Partnership Act, 1932 - Sections 44; Arbitration Act, 1940 - Sections 13 and 34; Succession Act, 1925; Companies Act - Sections 433

Reported in : AIR1995AP351; 1995(2)ALT32

v. Jasjit Singh, : [1993]2SCR454 , the Supreme Court held in the matter of grant of Probate under Succession Act, 1925, the Court of Probate has exclusive jurisdiction and this cannot be decided by arbitrator. Similarly, under Sec-tion 433 … provide for dissolution at will, that the firm can be dissolved only on the intervention of Court under Section 44 of the Partnership Act andfor the grounds staled therein and hence the arbitrator has no jurisdiction to go

Gotiram Nathu Mendre Vs. Sonabai and ors.

Court : Mumbai

Subject : Property

Acts : Limitation Act, 1908 - Sections 91 - Schedule - Articles 44 and 91; Limitation (Amendment) Act, 1963 - Sections 59 - Schedule - Article 59; Indian Succession Act, 1925 - Sections 2, 211, 307, 307(1) and 307(2); Code of Civil Procedure (CPC), 1908 - Order 32, Rule 7(1) - Order 41, Rule 25; Bombay Rent Act, 1947; Constitution of India - Article 19(1)

Reported in : AIR1970Bom73; (1969)71BOMLR157; ILR1969Bom402

No. 1 contended that Sakhubai was constituted an 'executor within the meaning of Section 2(c) of the Indian Succession Act, 1925, which defines an executor as meaning a person to whom the execution of the last will of a … Judge, however, disposed of the appeal only on one point holding that the suit was barred by Article 44 of the Indian Limitation Act. He did not deal with the other points. He allowed the appeal and

Shri VishIn N. Kanchandani and anr. Vs. Vidya Lachmandas Khanchandani ...

Court : Supreme Court of India

Subject : CivilFamily

Acts : 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

Reported in : 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 … in respectful agreement with these views, because they accord with the law and reason. They are supported by Section 44(2) of the Act. It provides that the commission payable to an insurance agent shall after his death, continue