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R.S. Shri Ram Pershad and ors. Vs. Chhano Devi W/O Ram Sarup and ors.
Delhi
Sep-05-1967
Trusts and Societies
Indian Trusts Act, 1882 - Sections 1, 19, 44, 46, 47 and 48; Code of Civil Procedure (CPC), 1908 - Sections 92; Tranvancore-Cochin Code of Civil Procedure (CPC) - Sections 72 - Order 20, Rules 16 and 17; Limitation Act - Sections 10; Indian Succession Act, 1925 - Sections 306; Indian Penal Code (IPC), 1860
AIR1969Delhi75; ILR1968Delhi41
or the proceeds thereof, or for an account of such property or proceeds. Section 306 of the Indian Succession Act, 1925, after having provided that all demands and all rights to prosecute or defend any action or special proceeding … consequently, the first plaintiff continued to be the trustee. He invited my attention to the principles contained in Section 46 of the Indian Trusts Act, which is as follows:'46. Trustee cannto renounce after acceptance: A trustee who has
Tag this Judgment! AI Brief & AskPankuwarbai Wd/O Dalpatrao Mutha and Others Vs. Rameshchandra S/O Dalp ...
Mumbai
Aug-27-1997
Family
Indian Succession Act, 1925 - Sections 372; Bombay Court Fees Act, 1959 - Sections 46 - Article 11
1998(4)BomCR477; (1998)1BOMLR171; 1998(1)MhLj118
event, within four weeks from today.The civil revision application is disposed of.Certified copy expedited.16. Application allowed. The Indian Succession Act, 1925 - Section 372 and Bombay Court Fees Act, 1959 - Schedule I Article 11, Section 46 - Remission
Tag this Judgment! AI Brief & AskVidya Shivajirao Patil and Others
Mumbai
Apr-28-1999
Family
Bombay Court-Fees Act, 1959 - Sections 46; Indian Succession Act, 1925 - Sections 246
1999(2)ALLMR615; 1999(3)BomCR787
1999, the petitioners have been appointed as Guardians by separate orders passed under section 246 of the Indian Succession Act, 1925.4. The Notification mentioned above dated 1-10-1994 reads as follows:-'REVENUE AND FORESTS DEPARTMENT Mantralaya, Bombay 400 032,dated the … of Court Fees for women litigants in cases relating to maintenance, property right, violence and divorce. And whereas, section 46 of the Bombay Court Fees Act, 1959 (BOM XXXVI of 1959) empowers the State Government by notification in
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Keshavalal Girdharllal Gandhi and ors. Vs. Patel Vithalbhai Shankarbha ...
Gujarat
Apr-02-1964
Commercial
Debt Laws-Bombay Agricultural Debtors Relief Act, 1947 - Sections 2 (4), 2(6), 4 and 46; Code of Civil Procedure (CPC), 1908 - Sections 141 - Order 22, Rule I; Succession Act, 1925 - Sections 306
AIR1965Guj275; (1964)GLR988
Act, 1947, Section 141, Order 22 Rule 1 of Code of Civil Procedure, 1908 and Section 306 of Succession Act, 1925 - whether heirs of deceased debtor can continue application for adjustment of debts under Section 4 - on … appeal and bars a second appeal against any decision or order award of the Court under the Act. Section 46 makes the Civil Procedure Code 1908 (hereinafter referred to as 'the Code') applicable to all proceedings under the
Tag this Judgment! AI Brief & AskLokanath Bhoi Vs. Gaya Prasad Bhoi and Two ors.
Orissa
Jun-17-2004
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; India Succession Act, 1925 - Sections 384 and 388; Orissa Civil Court's Act, 1984 - Sections 16, 18 and 20
AIR2004Ori176; 98(2004)CLT328
Nos. 1 and 2 filed Misc. Succession Case No. 60 of 1994 under Section 383 of the Indian Succession Act, 1925 (in short, 'the Succession Act') for revocation of the succession certificate granted by the Civil Judge (Senior Division), … of amendment of Section 115 of the Code of Civil Procedure, 1908 (in short, 'the Code') by Act 46 of 1999 and argued that if the impugned order is set aside, then that would not dispose of
Tag this Judgment! AI Brief & AskMadhu Kishwar and Others Vs. State of Bihar and Others
Supreme Court of India
Apr-17-1996
Family
Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,
1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
the apprehension expressed by the State-level committee is unfounded.41. The Christians in India are governed by the Indian Succession Act, 1925. It is stated that by operation of Section 1 notification issued under the Government of India Act of … eliminate inequalities in status, facilities and opportunities not only among individuals but also amongst groups of people. Article 46 accords special protection and enjoins the State to promote with special care the economic and educational interests of
Tag this Judgment! AI Brief & AskG. Bharathi and ors. Vs. G. Prameela and ors.
Andhra Pradesh
Sep-11-2007
CivilFamily
Andhra Pradesh Court Fees and Suits Valuation Act, 1956; Hindu Succession Act, 1956 - Sections 276; Indian Succession Act, 1925 - Sections 213 and 383; Hindu Marriage Act, 1955 - Sections 16; Tirumala Tirupati Devasthanam Employees Service Rules, 1989 - Rule 4; Andhra Pradesh Manual of Special Pay and Allowances including Travelling Allowances Rules; Andhra Pradesh Leave Rules, 1933; Andhra Pradesh Liberalised Pension Rules, 1961; Andhra Pradesh Family Rules, 1964 - Rule 46(5); Andhra Pradesh Revised Pension Rules, 1980 - Rules 47, 48 and 49; Andhra Pradesh Civil Services (Conduct) Rules, 1964; Andhra Pradesh Civil Services (Classification Control and Appeal) Rules, 1991; Andhra Pradesh State and Subordinate Service Rules; Code of Civil Procedure (CPC) , 1908 - Order 12, Rule 8 - Or
2008(2)ALD444; 2008(1)ALT319
is also not within the original civil jurisdiction of those courts. As per Section 213 of the Indian Succession Act, 1925, a probate is required to establish the right of executor or legatee in respect of Wills made by … of any person or persons other than the members of his family. As per Sub-rule (5) of Rule 46 of the said Rules, 'family' in relation to Government servant for the purpose of this Rule and Rules
Tag this Judgment! AI Brief & AskAhmedabad Women Action Group (Awag) and ors. Vs. Union of India
Supreme Court of India
Feb-24-1997
Family
Constitution of India - Articles 13, 14, 15, 21, 25, 26, 27, 32, 33, 38, 39, 44 and 366; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Hindu Succession Act, 1956 - Sections 2(2), 5, 6 and 30; Hindu Marriage Act, 1955; Special Marriage Act, 1954 - Sections 28; Indian Penal Code (IPC), 1860 - Sections 494; Chotanagpur Tenancy Act, 1908; General Clauses Act; Hindu Minority and Guardianship Act - Sections 3(2), 6 and 9; Indian Succession Act, 1925 - Sections 3, 43 and 46; Indian Divoce Act, 1869 - Sections 10 and 34; A.P. Charitable Hindu Religiou and Endowments Act, 1987 - Sections 1 5, 16, 17, 29(5) and 144; Hindu Bigamious Marriages Act, 1946
AIR1997SC3614; II(1997)DMC224SC; (1997)3GLR1882; JT1997(3)SC171; 1997(2)SCALE381; (1997)3SCC573; [1997]2SCR389; 1997(1)LC548(SC)
It is also proposed that even though the provisions of the Hindu Succession Act, 1956 and the India Succession Act, 1925 in terms would not apply to the Schedule Tribes, there general principles composing of justice, equity and fair … summed up by him in the paragraph ending on p. 36 (para 46) of his judgment that under the circumstances it is not desirable to … husband takes more than one wife is act of cruelty within the meaning of Clause VIII (f) of Section 2 of Dissolution of Muslim Marriages Act, 1939.(d) to declare that Muslim Women (Protection of Rights on Divorce)
Tag this Judgment! AI Brief & AskHaseena Mansoor Vs. State of Kerala
Kerala
May-18-2010
Family
Guardian and Wards Act, 1890; ;Indian Succession Act, 1925 - Section 118; ;Divorce Act, 1869 - Section 10; ;Kerala Public Services Act, 1968 - Section 2(1); ;Protection of Human Rights Act, 1993 - Section 2; ;Mohammedan Law; ;Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 15, 15(1), 15(3), 16(2), 21, 38, 38(1), 38(2), 39, 46, 51A and 309; ;Kerala Service Rules - Rule 118
2010(2)KLJ981
this Court in Preman v. Union of India 1998 (2) KLT 1004 holding Section 118 of the Indian Succession Act, 1925 as violative of Articles 14 and 15, were relied on to state that when a classification is made … that the said provision is in violation of the public policy and constitutional mandate under Articles 38, 39, 46, 15 and 14 to accord social and economic democracy to women as assured in the Preamble to the
Tag this Judgment! AI Brief & AskJohn Vallamattom and anr. Vs. Union of India (Uoi)
Supreme Court of India
Jul-21-2003
PropertyConstitution
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
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 … a direction that respondent No. 1 should consider and grant stage carriage permits to eligible persons under s. 46 read with s. 57(2) and grant renewal of such permits under s. 58 of the Motor Vehicles Act,
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