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Smt. Munni Devi W/O Late Sh. Jagannath, Vs. New India Assurance Co. Lt ...

Court : Delhi

Subject : InsuranceCivil

Acts : Workmen's Compensation Act, 1923; Indian Succession Act, 1925 - Sections 306; Evidence Act - Sections 114; Indian Penal Code (IPC), 1860

Reported in : 1(2003)ACC623; I(2003)ACC623; 2004ACJ974; 2003IIAD(Delhi)255; 103(2003)DLT464; 2003(67)DRJ301; (2003)134PLR13

legal representatives of an injured claimant could pursue the petition in terms of Section 306 of The Indian Succession Act, 1925. Section 306 of the Indian Succession Act reads as under:-'306. Demands and rights of action of or against deceased … 306 of Indian Succession Act, 1925 is applicable--Insurance Company could not be held to be liable beyond Rs. 50,000/---Indian Succession Act, 1925, Section 306.;It is submitted by the learned Counsel for the respondent that the claimants are

S.Sandhya Vs. the Chief General Manager and ors.

Court : Chennai

Subject : Insurance

Acts : Insurance Act 1938 - Section 39(6)(1); Hindu Succession Act - Section 8; Tamil Nadu Co-operative Societies Act - Section 24; Employees' Provident Funds Act, 1952 - Section 10(2), 5 ; Employees' Provident Funds Scheme, 1952 ; Land Acquisition Act - Sections 16, 17; Insurance Act - Section 39; Hindu Marriage Act. - Section 11; Succession Act, 1925 - Section 372; Central Pension Rules - Rule 10; Group Insurance Scheme, 1980 ; Central Civil Services (Pension) Rules - Rule 50(1)(b), 51, 52 and 53; Constitution of India - Articles 226

was unmarried and nominated his mother, as nominee. The appellant/widow filed an application under Section 372 of the Succession Act, 1925, claiming her share in insurance, gratuity, public provident fund etc, on the principle that any nomination made by … deceased, who had attained majority or married sisters are not included.18. As per sub rule (1)(b) to rule 50 of the Central Civil Services (Pension) Rules, if a Government servant dies while in service, the death gratuity

Shirish Popatlal Shah Vs. Arun Popatlal Shah

Court : Mumbai

Subject : Land Acquisition

A Will is proved if it meets the requirements of Sections 59, 61 and 63 of the Indian Succession Act, 1925. Section 59 says that a Will can be validly made by any adult of sound mind. The testamentary or … a resolute scepticism and unshakeable doubt. It is only required to be cautious and careful in its approach. 50. Where suspicious circumstances are present, they do not ipso facto preclude the grant of Probate. The Plaintiff must

T. Rama Seshagiri Rao and anr. Vs. N. Kamalakumari

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC), 1908 - Sections 50; Transfer Property Act, 1882 - Sections 100

Reported in : AIR1982AP107

the circumstances of the case, without costs. 14. Revision dismissed. Property - succession certificate - Section 214 of Succession Act, 1925, Section 50 of Code of Civil Procedure,1908 and Section 100 of Transfer Property Act, 1882 - whether respondent can execute

Khachar Rana Laxman and anr. Vs. Dhadhal Hathiyabhai Mulubhai and anr.

Court : Gujarat

Subject : Civil

Acts : Succession Act, 1925 - Sections 263; Probate and Administration Act, 1881 - Sections 50; Code of Civil Procedure (CPC), 1908 - Sections 11, 263 and 264

Reported in : AIR1971Guj115

be the costs in the cause.13. Appeal allowed and Case remanded. Civil - probate - Section 263 of Succession Act, 1925 and Section 50 of Probate and Administration Act, 1881 - appeal filed challenging grant of letter of administration

Abha Dastane-Rao and Another Vs. Prabhakar Deolankar and Others

Court : Mumbai

Subject : MRTP

their position. If they have chosen not to do so, the consequences are of their own making. Indian Succession Act, 1925 Section 301 Removal of executor Petitioner sought to remove first Respondent as executor of Will said to have been … testator s expression of confidence. A proper case must be made out (Dhana Bakkiyammal v Thangevelu Mudaliar, ILR 50 Mad 965; Shanti Devi v Yadvinder Thakur and Anr., (2006) 143 PLR 799).The present application may be styled

Darjus Jehangir Vs. Lyla Minoo Ghasvalla and Others

Court : Mumbai

Subject : Family

Acts : Successions Act, 1925 - Sections 74, 75, 82, 83, 88, 119, 120, 131 and 132; Guardians and Wards Act, 1890 - Sections 29

Reported in : AIR2000Bom372; 2000(2)ALLMR32; 2000(3)BomCR447; (2000)2BOMLR108

Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has relied on the decisions in the cases of (i) Re. Rowland & another 1963 CD … been made to respondent No. 1 and conditional in some of the others. Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has … respondent Nos. 1 and 3 to the maintainability of Misc. Petition No. 50 of 1999 in T. & I.J. Petition No. 598 of 1990.2. The

P.H. Alphonso Vs. C.F. De Costa and ors.

Court : Karnataka

Subject : Property

Acts : Succession Act, 1925 - Sections 211, 263 and 307(2); Probate and Administration Act, 1881 - Sections 50

Reported in : AIR1964Kant187; AIR1964Mys187; (1963)1MysLJ596

for the revocation of the grant did not all within the scope of Section 263 of the Indian Succession Act, 1925. The learned District Judge upheld the contention of the two respondents and dismissed the application with costs.2. The … duties by reason of advanced age and physical and mental infirmity.4. Section 263 of the Act corresponds to Section 50 of the Probate and Administration Act (Act No. 5 of 1831) and the explanation of the words 'just

K.K. Thankappan and ors., Etc. Vs. K.S. Jayan and ors. Etc.

Court : Kerala

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 20, Rule 13; Succession Act, 1925 - Sections 229 and 231; Travancore Ezhava Act, 1100 M.E. - Sections 2; Evidence Act, 1872 - Sections 50, 67 and 74(2); Negotiable Instruments Act, 1881 - Sections 87

Reported in : AIR2003Ker114

Section 9 and Order 20 Rule 13 of Code of Civil Procedure, 1908, Sections 229 and 231 of Succession Act, 1925, Section 2 of Travancore Ezhava Act, 1100 M.E., and Sections 50, 67 and 74 (2) of Evidence Act, 1872

M. Narayanamma Vs. Lakshmidevi and Others

Court : Karnataka

Subject : Land Acquisition

the subject. The relevant provisions of law are extracted hereunder for ready reference. Section 63(c) of the Indian Succession Act, 1925 “63(c). The Will shall be attested by two or more witnesses, each of whom has seen the testator … by the parties. It is quite true that, as observed by Lord Du Parcq in Harmes v. Hinkson, 50 Cal W N 895: (AIR 1946 PC 156) “where a will is charged with suspicion, the rules enjoin