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Sivaraman Nair Vs. Gopala Menon and ors.

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, (1925) - Sections 74; Madras Marumakkathayam Act, 1932 - Sections 48

Reported in : AIR1969Ker246

isallowed dismissing the plaintiff's suit.The parties will bear, their costs throughout. Family - bequest - Section 74 of Succession Act, 1925 and Section 48 of Madras Marumakkathayam Act, 1932 - owner of suit property bequeathed upon plaintiff and defendants

Benoy Kumar Mondal Vs. Panchanon Majumdar

Court : Kolkata

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 48 and 219

Reported in : AIR1956Cal177,60CWN598

law.7. Under Section 29 of the present Succession Act (Act 39 of 1925) (which, it may be incidentally stated in its two Sub-sections (1) and … Chap. 2 of this part (Part V), which govern cases of intestate Christian succession, we eventually come to Section 48 by process of elimination as the section, directly relevant to the present case, where the deceased Christian lady … parties agree that Panchanon's claim to the letters1 of administration would depend upon his eligibility under Section 219, Succession Act which admittedly applies to this case. Under the terms of that section, a person to be entitled to

Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; Code of Civil Procedure (CPC), 1908 - Sections 48 and 141 - Order XXXVIII; Limitation Act, 1877; Arbitration Act; Bengal Civil Court Act, 1871- Sections 12; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Indian Succession Act, 1925 - Sections 192-195; Bengal Wills and Intestacy Regulation, 1799 - 2, 3, IV and V; Mahomedan Law; Bengal Wills and Intestacy Regulation, 1793 - Sections 2 and XIX; Central Provinces Laws Act, 1876; Railway and Canal Traffic Act, 1854 - Sections 16

Reported in : AIR1965SC540; [1964]4SCR69

have issued it to apply to such a case. Then it was said that ss. 192-195 of the Succession Act, 1925 impliedly repeated s. 4 of the Regulation. These sections of the Succession Act no doubt Act no doubt … period of limitation is provided" either in the Limitation Act or s. 48 of the Code of Civil Procedure. The preponderating view adopted by the … Diwani Adalat in the execution of wills and administration to the estate of persons dying intestate." The first section is in the nature or a preamble, and so far as relevant,sets out the object of the Regulation

In Re: Priyambada Debi Birla (Deceased)

Court : Kolkata

Subject : Family

Acts : Companies Act, 1956 - Section 247 and 247(IA);; Indian Succession Act, 1925 - Sections 211, 213, 214, 247 and 319;; Chartered Accountants Act, 1942;; Evidence Act - Section 111;; Probate Act, 1857;; Indian Probate and Administration Act, 1881 - Section 34;; Indian Penal Code (IPC) - Sections 406, 417, 420 and 120B;;Code of Criminal Procedure (CrPC) - Sections 200 and 482;; Code of Civil Procedure (CPC)

Reported in : (2006)3CALLT547(HC)

of their existence or he deliberately concealed the same. According to him under Section 319 of the Indian Succession Act, 1925 the foremost duty of an executor is to acquaint himself with the assets and properties of the deceased … Indian Melting and Refining Company Ltd. has been taken out of the fold of M.P. Birla Group within 48 hours of cremation of Priyamvada Devi. This company is shown as part of M.P. Birla Group in the

Asstt. Commissioner of Wealth Tax Vs. Smt. Mrunalinidevi Puar of Dhar

Court : Income Tax Appellate Tribunal ITAT Indore

Subject : Direct Taxation

Reported in : (2007)106ITD541Indore

Act so in order to find out its true meaning aid is necessarily to be taken from Indian Succession Act 1925 in which "executor" is defined as "a person to whom the execution of the last will of the … year in which the person died. CIT v. Amarchand N. Shroff (1963) 48 ITR (SC) 59 & 65 & CIT v. James Anderson 51 ITR … in all these appeals.4. The Hon'ble High Court further noted that the appeal filed by the revenue under section under Section 27-A of the Wealth Tax Act against an order, dated 27/10/98, passed by I.T.A.T. in W.T.A.

In Re: Begum Shanti Tufail Ahmad Khan an Application for Grant of Prob ...

Court : Allahabad

Subject : Family

Acts : Courts of Wards Act; Indian Succession Act, 1925; Limitation Act, 1963 - Sections 4 and 5 - Schedule - Article 137; Indian Limitation Act, 1901 - Schedule - Article 181; Indian Succession Act, 1923 - Sections 141; Code of Civil Procedure (CPC) - Sections 48; Mullah's Principles of Mohamdan Laws - Sections 117 and 118; Muslim Law

Reported in : AIR2006All75

litigation and her alleged properties were changing hands on execution of lease deeds and transfer deeds.18. The Indian Succession Act 1925 does not provide for any limitation to file a petition for probate. Sri J. Nagar, Administrator General states … Indian Limitation Act 1901. The applications for which no limitation is provided elsewhere in the schedule or by Section 48 of the Code of Civil Procedure the period of limitation was three years, when the right to appeal

V. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .

Court : Supreme Court of India

Subject : Land Acquisition

life estate holder. In this context, no doubt, we must clarify one aspect. Section 119 of the Indian Succession Act, 1925 (hereinafter referred to as the “Indian Succession Act’, for short) deals with the date of vesting of legacy … it unable to decide that the absolute right given to R. Krishnammal in OS No.71 of 1958 was 48 CIVIL APPEAL NOS.1021-1026 OF2013 ETC. given in accordance with her right under Section 14 (1) and had it

Khamarunnissa @ Khammar Bai and anr. Vs. Fazal HussaIn @ Afsar HussaIn ...

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 320, 323 and 325; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 13; Evidence Act, 1872 - Sections 45, 47, 48 and 73; Mohammedan Law

Reported in : 1997(1)ALT152

the estate of the deceased which should be governed by Sections 320, 323 and 325 of the Indian Succession Act, 1925. Such a suit is maintainable as per the settled law (Article 39 and Chapter 5 of the Mulla's … In law, Ex. B-13 and the testimony of D.W.2 amounts to opinion evidence and that is relevant Under Section 48 of the Indian Evidence Act. Such an opinion is not only relevant in regard to the existence of

G. Bharathi and ors. Vs. G. Prameela and ors.

Court : Andhra Pradesh

Subject : CivilFamily

Acts : 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

Reported in : 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 … the said Rules, 'family' in relation to Government servant for the purpose of this Rule and Rules 47, 48 and 49 means-(i) wife or wives, in the case of a male Government servant;(ii) Husband in the case

Lmj International Ltd. Vs. Sea Stream Navigation Ltd.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8, 9, 11, 16, 37, 37(1), 45, 48, 49, 50 and 50(2); ;Arbitration Act, 1940 - Sections 37(1), 39 and 39(2); ;Specific Relief Act - Section 6(3); ;Indian Succession Act, 1925 - Sections 295 and 299; ;Land Acquisition Act, 1894 - Section 54; ;Guardians and Wards Act; ;Representation of the People Act - Section 116; ;Letters Patent Act; ;Government of India Act, 1915 - Sections 71 and 72; ;City Civil Court Act, 1953 - Section 21; ;City Session Court Act, 1953 - Section 16; ;West Bengal Criminal Law Amendment (Special Courts) Act, 1949; ;Tribunals of Criminal Jurisdiction Act, 1952; ;Companies Act, 1913; ;Banking Companies Act, 1949; ;Code of Civil Procedure (CPC) , 1908 - Sections 4, 100A and 104; ;Code of Criminal Procedure (CrPC)

Reported in : AIR2007Cal260,2008(1)ARBLR83(Cal),(2007)3CALLT424(HC)

of the Supreme Court in the context of the provisions of Sections 295 and 299 of the Indian Succession Act, 1925 read with Section 104 of the Code of Civil Procedure again considered the scope and provision of the … from the order refusing to-(a) refer the parties to arbitration under Section 45;(b) enforce a foreign award under Section 48, to the Court authorized by law to hear appeals from such order.(2) No second appeal shall lie from