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K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax
Supreme Court of India
Aug-27-1999
Direct Taxation
Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963
AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44
trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7.
Tag this Judgment! AI Brief & AskSmt. Munni Devi W/O Late Sh. Jagannath, Vs. New India Assurance Co. Lt ...
Delhi
Jan-21-2003
InsuranceCivil
Workmen's Compensation Act, 1923; Indian Succession Act, 1925 - Sections 306; Evidence Act - Sections 114; Indian Penal Code (IPC), 1860
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 … place on 4th January, 1979, caused by the negligent driving of Jaipal Singh, while driving truck No. DLL 7134. His right leg was ultimately amputated. If has further come in the statement of P.W.1, injured, that after
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 … court shall have regard to-(a) local custom, and(b) the purpose for which the right of tenancy was originally acquired.Section 7:(1) MEANING OF 'RAIYAT HAVING KHUNT-KHATT1 RIGHTS' - 'Raiyat having khunt katti rights' means a raiyat in occupation of,
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
illachi Devi (D) by Lrs. and ors. Vs. JaIn Society, Protection of Orph ...
Supreme Court of India
Sep-26-2003
Trusts and SocietiesFamily
Societies Registration Act, 1860; Indian Succession Act, 1925 - Sections 5, 6, 6(7), 218, 218(2), 223, 232, 236 and 276; Indian Succession (Amendment) Act, 1983; Companies Act, 1913 - Sections 2(7); Companies Act, 1866; Companies (Amendment) Act, 1882; General Clauses Act; Constitution of India - Article 372; Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 - Sections 7; Karnataka Societies Registration Act, 1960 - Sections 15; West Bengal Societies Registration Act, 1961 - Sections 19, 19(1) and 19(3); Friendly Societies Act, 1896; Code of Civil Procedure (CPC) , 1908
AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413
in order to render it eligible for the grant of probate or letters of administration under the Indian Succession Act, 1925 shall be the following, namely:(1) The Company shall be either - (a) a company formed and registered under … must sue or be sued through a person nominated in that behalf.28. By way of an example Rule Section 7 of the A.P. (Telangana Area) Public Societies Registration Act, 1350 is reproduced hereinbelow :'Suits by and against Society.-
Tag this Judgment! AI Brief & AskAnthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...
Karnataka
Nov-23-2005
FamilyConstitution
Indian Succession Act, 1865 - Sections 332 and 832; Indian Succession Rules; Hindu Law; Adaptations of Law Order, 1950; Indian Succession Act, 1925 - Sections 3, 3(1), 3(2), 3(3), 29(2) and 392; General Clauses Act - Sections 3, 4A and 24; Constitution of India - Articles 13, 13(1), 13(3), 14, 15 and 372
AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270
in force and full effect in view of the provisions of Section 3(1) and 3(2) of the Indian Succession Act, 1925?2. Does the notification referred to immediately herein supra stand impliedly repealed by the provisions of Section 392 of … there is alleged interference, was not considered as it did not survive. Accordingly, it answered issues 6 and 7 holding that plaintiff is not entitled for declaration and injunction. All the substantial questions of law were raised
Tag this Judgment! AI Brief & AskHimungsu Kumar Basu Vs. Sudhangsu Kumar Basu
Kolkata
Nov-27-2003
FamilyCivil
Code of Civil Procedure (CPC) , 1908 - Section 9 - Order 7, Rule 11; ;Succession Act, 1925 - Section 141, 216 and 263; ;Indian Succession Act
AIR2004Cal217,2004(1)CHN626
all possible steps as against the appellant/defendant about his administrationship under the Will within the arms of Indian Succession Act, 1925. Section 141 of the Indian Succession Act, 1925 speaks as follows :'141. Legatee named as executor cannot take unless … to under law and equity.3. The appellant being the sole defendant therein took out an application under Order 7 Rule 11 of the Code of Civil Procedure for dismissal of the suit upon being served with the
Tag this Judgment! AI Brief & AskAjit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others
Allahabad
Sep-28-2000
Family
Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International
2000(4)AWC3270
of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … to justice, equity or good conscience and which had not been altered or abolished by any enactment. Similarly Section 7 provided that all local customs and mercantile usages shall be regarded as valid unless they are contrary to
Tag this Judgment! AI Brief & AskAnant Trimbak Sabnis Vs. Vasant Pratap Pandit
Mumbai
Jul-04-1979
Tenancy
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 5(11), 13(1)(3) and 15; Indian Succession Act, 1925 - Sections 211, 211(I) and 213; Transfer of Property Act, 1882 - Sections 2, 5, 7, 12, 13, 15, 15(1) and 15(2); Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973; B.T. and A. Act, 1948 - Sections 2(21); Indian Companies Act - Sections 312; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1978; Evacuee Property Act, 1950
AIR1980Bom69; 1979MhLJ755
extent, this suit is liable to be dismissed.25. Mr. Parekh then relies on Section 211 of the Indian Succession Act. 1925 and contends that even if bequest of the tenancy rights is held to be ineffective, the plaintiff Executor … the preamble. Section 12 affords immunity to the tenants against evictions, notwithstanding any contract to the contrary. While Section 7 prevents the landlord from claiming anything in excess of the standard rent and permitted increases from the tenants,
Tag this Judgment! AI Brief & AskDr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...
Chennai
Mar-21-1991
Family
T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;
AIR1991Mad284
the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … the deceased was governed by the Hindu Succession Act. In paragraph No. 7 of the original petition she has stated as follows :--'7. The estate … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under
Tag this Judgment! AI Brief & AskUnmukt Bhatnagar and ors. Vs. Manoj Bhatnagar
Delhi
Mar-13-2006
PropertyFamily
Indian Succession Act, 1925 - Sections 124 and 125; Hindu Succession Act, 1956 - Sections 15 and 16; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rules 1 and 2
AIR2006Delhi248; 128(2006)DLT176; 2006(89)DRJ225; (2006)143PLR21
of interpretation of the Will but arises from a legal bar created by Section 124 of the Indian Succession Act, 1925. The said section along with illustrations reads as under:Section 124 Bequest contingent upon specified uncertain event, no time … plaint. In fact there is no cause of action in favor of the plaintiff.12. The provisions of Order 7 Rule 11 of Code of Civil Procedure, 1908 reads as under:11. Rejection of plaint - the plaint shall
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