Advanced Search Results

Shantilal Babubhai and ors. Vs. Bai Chhani and ors.

Court : Gujarat

Subject : Family

Acts : Succession Act, 1925 - Sections 74

Reported in : AIR1973Guj146; (1973)0GLR45

with this contention. It is now a well-settled rule of interpretation embodied in Section 86 of the Indian Succession Act, 1925. that where the same words occur in different parts of the same will, they shall be taken to

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : 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;

Reported in : 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 … Procedure Code. Desai J. upheld that contention and dismissed the suit. Against which the above appeal was filed.21. Section 86 gave certain immunity to Rulers of a Foreign State and that immunity was that he could not be

Mrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...

Court : Mumbai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 74, 75, 80, 81, 82, 85, 86, 87, 88, 95, 104, 119, 187 and 188; Bombay High Court (Original Side) Rules, 1980 - Rules 223 and 238

Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545

to be construed by us, we deem it proper to refer to the relevant provisions of the Indian Succession Act, 1925, particularly Chapter VI of Part VI, which deals with the construction of Wills.Section 74 says that it is … put a reasonable construction upon it. With regard to interpretation of words repeated in different parts of Will, Section 86 provides that if the same words occur in different parts of the same Will, they shall be taken

R.S. Lodha Vs. Laxmi Devi Newar

Court : Kolkata

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 86, 278, 295 and 299; ;Code of Civil Procedure (CPC) ; ;Calcutta High Court Original Side Rules - Rule 28; ;Bombay High Court Rules - Rule 692

Reported in : (2008)4CALLT370(HC)

language, of last sentence of the aforesaid Rule is almost same with that of Section 295 of Indian Succession Act, 1925. The said provision still remains unchanged irrespective of new nomenclature. PLA is given at initial stage and Testamentary … in this case become a suit when the defendant filed his affidavit in support of his caveat and Section 86 come into operation.11. In case of Balai Lall Banerjee and Ors. v. Debaki Kumar Ganguly reported in :

indrajitsinghji Vijaysinghji Vs. Rajendrasinghji Vijaysinghji

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 26, 85, 86, 86(1), 86(3), 87-B and 141; Bombay High Court Rules - Rules 665, 689, 690 and 692; Succession Act, 1925 - Sections 235, 268 and 295; Indian Companies Act - Sections 184, 186 and 187; Government of India Act - Sections 176

Reported in : AIR1956Bom45; (1955)57BOMLR962; ILR1955Bom912

the High Court of Bombay, 1950, Rule 692--Indian Succession Act (XXXIX of 1925), Sections 268, 295--Petition for letters of administration converted into suit under Rule … The question of substantive rights and the question of imposing disabilities can only be dealt with in the Succession Act which deals with these proceedings.But when these proceedings come to a Courtof law, the Court has to consider … The learned Judge upheld that contention and dismissed the suit and the petitioner has come in appeal.2. Now, Section 86 gave certain immunity to Rulers of a Foreign State and that immunity was that he could not be

National West Minister Bank Vs. General Public and ors.

Court : Punjab and Haryana

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 276; Evidence Act, 1872 - Sections 82 and 86; General Clauses Act, 1897 - Sections 3

Reported in : (2005)140PLR22

Hemant Gupta, J.1. The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925, for probate of Will dated 6.2.1993 executed by Mr. Paul Gill, annexed with the petition.2. Mr. Paul Gill, … counsel for respondent No. 2 has pointed out that the order requires to be authenticated in terms of Section 86 of the Indian Evidence Act. Before considering the respective contentions of the parties, it would be advantageous to

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 … presumed to be used always in the same sense unless a contrary intention appears from the Will; see Section 86 of the Indian Succession Act. So too, all parts of a Will should be construed in relation to

Jagdish D. Mehta Vs. Suneel Anant Deshpande

Court : Mumbai

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 63(1), 268, 276, 280, 283(1), 284, 295, 300 and 383; Evidence Act, 1872 - Sections 41; Code of Civil Procedure (CPC) , 1908 - Sections 26, 86 and 87B - Order 22, Rule 4; Bombay High Court (Original Side) Rules - Rules 374, 397, 397(4), 399, 400, 401, 402 and 403

Reported in : 2008(5)BomCR56

the parties at considerable length and with their assistance have gone through the relevant provisions of the Indian Succession Act, 1925 ('the Act' for short) and the Bombay High Court (Original Side) Rules ('the Rules' for short) so also … the defendant.It is very difficult to accept the view that these proceedings are a suit as contemplated by Section 86. If we are right in the view that we take that a suit can only be instituted as

Mohamed Salman Noorani and Others Vs. Radhika Bhargava and Others

Court : Mumbai

Subject : Land Acquisition

defendant No.10. It was submitted that in terms of Section 211 read with Section 307 of the Indian Succession Act, 1925 (said Act), there is no bar to an executor dealing with the property which is subject matter of … estate. In the case of M.V.Shankar Bhat v. Claud Pinto (since deceased) by L.Rs and others- (2003)4 SCC 86, the Supreme Court has observed that it is beyond any cavil that in terms of Sections 211(1) and

Krishnan Kunjulakshmi Vs. Narzan Alias Radhakrishnan Nair and anr.

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 228, 232 and 263

Reported in : AIR2003Ker98

Abdul Gafoor, J.1. The appellant did not succeed in an application filed under Section 263 of the Indian Succession Act, 1925. hereinafter referred to as 'the Act', to get letters of administration issued in O.R (LA) No. 152/88 revoked. … did have the right over the property. This was resisted and it gave rise to O.S. No. 62/ 86 on the file of the Munsiffs Court, Varkala at the instance of the appellant where the first respondent