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The General Accident Fire and Life Assurance Corporation, Ltd. Vs. Jan ...

Court : Mumbai

Subject : PropertyCivil

Reported in : (1941)43BOMLR346

statutory assignment on proof of title to the estate. It was held that Section 292 of the Indian Succession Act, 1925, which provides for the assignment of administration bonds, does not deal only with the procedure in case of … new cause of action upon the assignment of a bond thereunder. The essential words are taken verbatim from Section 83 of the (English) Court of Probate Act, 1857 (20 & 21 Vic. c. 77) which provides that-The Court

Raghbir Singh and ors. Vs. Budh Singh Etc.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 82, 83, 85 and 87

Reported in : AIR1978Delhi86; 13(1977)DLT196

regarding the construction of the wills are to be found firstly in the relevant provisions of the Indian Succession Act, 1925 (hereinafter referred to as the Act) and secondly in the relevant decisions of -the Supreme Court. Section 57 … is conferred on the widow by the first part thereof The answer to the question is provided by section 83 of the Act. The general words con ferring an absolute estate on the widow have to be understood

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 15, 75, 83, 84, 86, 87, 88, 93, 97, 112, 113, 114, 115, 116, 124 and 192 to 195; Hindu Succession Act, 1956 - Sections 15 and 15(2); Land Acquisition Act - Sections 18; Hindu Transfers and Bequests Acts, 1914; Hindu Disposition of Property Act, 1916; Hindu Transfers and Bequests (City of Madras) Act, 1921; Transfer of Property Act - Sections 13; Hindu Law; Code of Civil Procedure (CPC) - Order 1, Rule 10

Reported in : 2005(6)ALT264

by Sri Gadireddy Rama Rao and the validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as 'Act' for the purpose of convenience.2. Originally, the plaintiff Thota Venkata Seshu … this Court through several provisions of the Act in general and Sections 83, 88, 93, 112 and 113 of the Act in particular. The learned … the same is as persona designata and how to interpret the said Clauses especially in the light of Sections 88, 112 and 113 of the Act. The learned Counsel also had taken this Court through the findings

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 … a knowledge of which may conduct to the right application of the words which the testator has used. Section 83 provides that the Court can give either a restricted or a wider sense to the words used depending

P.C. Cheriyan Vs. Agricultural Income-tax Officer and anr.

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1950; Indian Succession Act, 1925; Travancore Christian Succession Act, 1092

Reported in : [1997]226ITR813(Ker)

Supreme Court in Mrs. Mary Roy v. State of Kerala, AIR 1986 SC 1011, it is the Indian Succession Act, 1925, that governs the party in the matter of intestate succession and not the Travancore Christian Succession Act. The … estate in question is held as tenants-in-common.6. Illustratively the order (exhibit P-8) shows the following observations:' As per Section 36 of the Indian Succession Act, the widow of P. C. Cheriayan (Sr.) is entitled to l/3rd share

P.P. Sathya Bhama Vs. M.A. John and anr.

Court : Kerala

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 56, 58, 61, 63 and 83; Succession Act, 1925 - Sections 142, 332 and 333

Reported in : AIR1972Ker152

58, 61, 63 and 83 of Code of Civil Procedure, 1908 and Sections 142, 332 and 333 of Succession Act, 1925 - property in question attached and brought to sale in pursuance of decree obtained against one who was … the estate as an association of persons overruling the plea that they should be assessed as trustees under Section 41 of the Indian Income-tax Act. 1922. In deciding the question their Lordships had to consider whether a

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

Act and not otherwise. Similar provisions exist in the Official Trustees Act, 1930, Section 302 of the Indian Succession Act, 1925 and Section 7 of the Charitable and Religious Trusts Act, 1920. The courts of India have all along … opinion or advice, but also to issue directions, the High Court wrongly refused to exercise its jurisdiction, although Section 83 of the Act was squarely attracted. (ii) The expression 'principal Civil Court of original jurisdiction' contained in Section

Devisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...

Court : Mumbai

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 6 and 30; Indian Succession Act, 1925 - Sections 63 to 68; Evidence Act, 1872 - Sections 3, 59, 60, 61 and 101

Reported in : 1996(2)BomCR183

of the Will has to be proved in accordance with the provisions of section 63 of the Indian Succession Act, 1925. Further, they have to prove that it is the last Will of the testator. It is then not

Atanu Ranjan Ghosh Vs. Arup Ranjan Ghosh

Court : Kolkata

Subject : Trusts and Societies

Acts : West Bengal Co-operative Societies Act, 1983 - Sections 2, 57, 69(3), 78, 79, 79(1), 80 to 83, 84 and 87; ;Indian Lunacy Act, 1912; ;Transfer of Property Act, 1882 - Section 60(2); ;Registration Act, 1908; ;Indian Succession Act, 1925

Reported in : AIR2009Cal76,(2008)3CALLT445(HC),2008(3)CHN987

of succession to which the deceased belongs or by way of testamentary succession as provided in the Indian Succession Act, 1925. There is no third way of succession. (See : Smt. Sarhati Devi and Anr. v. Smt. Usha Devi … or interest (save in the case of transfer under Sections 80, 81, 83 or 84) for not less than one year; and(b) the transferee or … the by-laws made thereunder, and includes a joint member and, subject to the provisions of Sub-section (3) of Section 69, a nominal member.Section 78. Restriction on transfer of share or interest-(1) The transfer or charge of the

Kashmir Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ConstitutionCivil

Acts : Sikh Gurdwaras Act, 1925 - Sections 2(2), 2(3), 3 to 11, 12(1), 40, 41, 42, 43, 43A, 50, 51, 70, 70(3), 71, 71(1), 71(6), 74, 78, 79, 80, 83, 85, 89, 96 and 106; State Reorganisation Act, 1956; Parliamentary Act; Punjab Reorganisation Act, 1966 - Sections 2, 72, 72(1) and 88; Inter-state Cooperation Act, 1957 - Sections 3 and 4; Punjab University Act, 1947; Punjab Agricultural University Act, 1961; Income tax Act, 1922 - Sections 5(7A); General Clauses Act; Electricity (Supply) Act, 1948 - Sections 79; Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 - Sections 2; Constitution of India - Articles 14, 16, 73, 172, 245, 246 and 310

Reported in : (2008)7SCC259; 2008AIRSCW4814; 2008(7)SCC259

the object of introducing the said Amending Act was stated to be as under:Under the existing provisions of Section 83 of the Sikh Gurdwaras Act, 1925, the State Government 'may at any time, when there is no proceeding … is constituted, whichever is later. All Committees are body corporates having perpetual succession and a common seal. The vacancy in the Committee is to be … in respect of a member of a Sikh Judicial Commission (for short 'Commission') constituted under the Sikh Gurdwaras Act, 1925 (for short 'the Act') is in question in this appeal which arises out of a judgment and order