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Satya Narayan Agiwal and Bishwanath Agiwal Vs. State Bank of India and ...
Jharkhand
May-16-2005
Civil
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
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 … the non-obstante clause contained therein, Mr. Prasad submitted that a similar matter involving the non-obstante clause contained in Section 54 of the Land Acquisition Act, 1894 had fallen for the decision of a Full Bench of the Ranchi
Tag this Judgment! AI Brief & AskSatish Chander Sabharwal and anr. Vs. State and ors.
Delhi
Jul-19-2005
Family
Amendment Act, 2002; Bihar Land Encroachment Act - Sections 54; Indian Succession Act, 1925 - Sections 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 4, 35A, 91, 92, 95, 100A, 104, 104(1), 104(2) - Order 43, Rule 1
122(2005)DLT170; 2005(83)DRJ40
in the concerned statutory enactment.13. The Apex Court has also considered this issue in respect of the Indian Succession Act, 1925 ( hereinafter to be referred to as, 'the said Act' ) itself in Subal Paul v. Malina Paul … held that there was no bar to maintainability of Letters Patent Appeal from an appeal order passed under Section 54 of the Bihar Land Encroachment Act. It was, however, observed in para 8 as under :-'8 ... A
Tag this Judgment! AI Brief & AskRamani U. Krishnan Vs. Dr. Ammini Praveen Joshua @ Veena
Chennai
Mar-22-2005
Property
Succession Act, 1925 - Sections 263 and 283(1); Transfer of Property Act, 1882 - Sections 54
AIR2005Mad423; 2005(2)CTC262; (2005)2MLJ364
the Indian Succession Act.15. Further, as rightly pointed out by the learned counsel for the respondent, as per Section 54 of the Transfer of Property Act,1882, any contract for sale of immovable property does not, by itself, create … of 1999 under Order XIV Rule 8 of Original Side Rules read with Section 263 of the Indian Succession Act,1925 and Order XXV Rule 62 of the Original Side Rules. The respondent herein filed the said O.P. No.
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Cherichi Vs. Ittianam
Kerala
Dec-06-2000
Family
Succession Act, 1925 - Sections 213; Registration Act, 1908 - Sections 31, 47, 59, 60 and 61; Transfer of Property Act - Sections 54 and 70; Kerala Registration Rules- Rule 50
AIR2001Ker184
was on going through Ext. XI that PW. 5 gave evidence in court.7. S. 213 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') says that no right as executor or legatee can be established in … of that document. Along with S. 47 of the Registration Act, S. 54 of the Transfer of Property Act, 1882 also has to be taken … Act is regarding establishing any right under the Will without getting probate or letters of administration and that section cannot be understood as one by which the vesting of right as per the provisions of the Will
Tag this Judgment! AI Brief & AskLmj International Ltd. Vs. Sea Stream Navigation Ltd.
Kolkata
May-08-2007
Arbitration
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)
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 … Bench of the Supreme Court considered the effect and scope of Clause 15 of the Letters Patent vis-a-vis Section 54 of the Land Acquisition Act, 1894 in paragraph 9 of this judgment this Bench of Supreme Court in
Tag this Judgment! AI Brief & AskFuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.
Supreme Court of India
Jul-08-2011
Arbitration
The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299
of a single judge of a High Court on an appeal filed under section 299 of the Indian Succession Act, 1925. Arguing against the maintainability of a letters patent appeal against the judgment of the single judge it was … the judgment and decree of a single judge of the High Court passed in an appeal preferred under section 54 of the Land Acquisition Act, 1894. A bench of two judges before which the case was earlier put
Tag this Judgment! AI Brief & AskSolomon and ors. Vs. Muthiah and ors.
Chennai
Nov-04-1970
Property
(1974)1MLJ53
III of 1951), which came into force on 1st April, 1951. it was the provisions of the Indian Succession Act, 1925 that applied to the succession to the property of Swaminathan which opened on his death on 29th May, … to a decision of the Calcutta High Court in Nabujan v. Paushimoni 54 Cal.W.N. 2 D.R. 14. and a decision of the Judicial Commissioner, Himachala … Muthammal did not have an absolute interest in the immovable properties inherited from her husband Swaminathan, but under Section 17 of the said Regulation, she was entitled to an absolute right in respect of the movables and
Tag this Judgment! AI Brief & AskCrystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...
Supreme Court of India
Oct-05-2004
PropertyFamily
Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136
AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375
adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e.
Tag this Judgment! AI Brief & AskTella Koteswara Rao and ors. Vs. Land Acquisition Officer and Special ...
Andhra Pradesh
Sep-14-2009
Property
Land Acquisition Act, 1894 - Sections 4(1), 30, 31 and 54; Indian Succession Act, 1925 - Sections 90, 152, 163, 214, 214(1) and 214(2); Uttar Pradesh Consolidation of Holdings Act; Claims Act, 1950; Displaced Persons (Compensation and Rehabilitation) Act; Arbitration Act - Sections 14 and 17; Hindu Law
2010(1)ALT600
subsequently revoked has not been established. The legacy will not be adeemed under Section 152 of the Indian Succession Act, 1925 (for short 'Succession Act'), since the property was substituted by converting into money component by operation of law … A. Gopal Reddy, J.1. This appeal under Section 54 of the Land Acquisition Act, 1894 (for shot 'the Act') is directed against the judgment and decree dated
Tag this Judgment! AI Brief & AskEstate of I.A.T. Warde Vs. Commissioner of Income-tax, M.P., Nagpur an ...
Madhya Pradesh
Jan-27-1961
Direct Taxation
[1961]43ITR219(MP)
on February 5, 1955 under section 54(2) of the Administrator-Generals Act, 1913, read with section 269 of the Succession Act, 1925, appointing Shri Shirpurkar, advocate of Chhindwara, to take and keep possession and manage the property of the deceased.
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