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Pramila Wd/O Dhanraj Gaidhane and ors. Vs. Life Insurance Corporation ...
Mumbai
Jan-14-2004
InsuranceFamily
Succession Act, 1925 - Sections 370; Code of Civil Procedure (CPC) - Sections 9
2004(3)ALLMR429; 2004(3)MhLj349
application for succession certificate is the efficacious remedy. The learned Judge also opined that the provision of Indian Succession Act, 1925, to grant relief to the plaintiff cannot be ignored and not to be stalled and therefore, held that … the said suit. The finding recorded by the learned Civil Judge, Senior Division, Bhandara, is per se illegal.7. Section 9 of the Civil Procedure Code provides that the Courts shall have jurisdiction to try all suits of a
Tag this Judgment! AI Brief & AskJagdish Chandra Trikha Vs. Punjab National Bank and ors.
Delhi
Oct-24-1997
CompanyFamilyProperty
Succession Act, 1925 - Sections 211; Limitation Act, 1963 - Sections 9; Indian Contract Act, 1872 - Sections 148; ;Code of Civil Procedure (CPC), 1908 - Order 7, Rule 2
1997VIAD(Delhi)753; AIR1998Delhi266; 4(1996)CLT513; [2000]100CompCas839(Delhi); 69(1997)DLT874
necessary to obtain letters of administration in terms of the provisions of Sections 211 and 212 of the Succession Act, 1925 and cases which are of relevance and as cited above may now be referred.(19) In Jogendra Chunder Dutt … 1966 when the box was allegedly received by the defendant Bank from Government of India.(B) The provisions of Section 9 of the limitation Act clearly down that there is continuous running of time that where once time has
Tag this Judgment! AI Brief & AskMultivahuji Vs. Kalindivahuji and ors.
Gujarat
Jun-11-1993
FamilyProperty
Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44
AIR1994Guj42
has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … Succession Act such as Ss. 227, 273, 294 and 307 will be rendered meaningless. He submitted that under Section 9 of the Code of Civil Procedure, a Civil Court has jurisdiction to hear Suit of a civil nature.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Commissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...
Supreme Court of India
Apr-02-2004
CivilProperty
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962
AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505
was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the … the premises. Being aggrieved by the order of eviction, respondent No. 1 preferred appeal to the Commissioner under Section 9 of the 1973 Act. By judgment and order dated 8.5.1984. the appeal was dismissed.5. During this period, the
Tag this Judgment! AI Brief & AskM.K. Srinivasan and Kannan Vs. Rangarajan
Chennai
Nov-28-2007
Family
Indian Succession Act, 1865; Indian Succession Act, 1925 - Sections 2, 264, 265, 266, 270, 273, 278, 286, 295, 299, 384(1), 388, 388(1) and 388(2); Probate and Administration Act, 1881 - Sections 87; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Punjab Civil Courts Act, 1918 - Sections 30; Central Provinces Courts Act, 1917 - Sections 19; Bombay Civil courts Act, 1869 - Sections 28A; Madras Civil Courts Act, 1873 - Sections 29(1); Madras City Civil Courts Act, 1892; Tamil Nadu Civil Courts Act, 1873 - Sections 12, 13, 29, 29(1), 29(2) and 29(3); Tamil Nadu Civil Courts (Amendment) Act, 1995 - Sections 4(2); Tamil Nadu Civil Courts (Amendment) Act, 2004; Bombay Civil Courts [Extension and Amendment] Act, 1958 - Sections 8; Succession Certificate Act - Sections 26; Chenna
(2008)1MLJ435
R. Rama Subbarayalu Reddiar v. Rengammal, wherein at pages 321 to 323, it is observed as follows:.The Indian Succession Act, 1925, is a consolidating stature which repealed and re-enacted several statutes which dealt with succession to and protection of … of the learned District Munsif-cum-Judicial Magistrate, Thirukkazhukundram, which has no jurisdiction to try the testamentary succession, as per Section 2[bb] of the Indian Succession Act and prayed for passing necessary orders to call for the original petition … Towns. It is unnecessary to examine them now. Chapter VI of Part IX of the Act relates to the practice and procedure in the matter
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 … proceeded on a wrong promises by saying that there is no exclusive bar in instituting the suit under Section 9 of the Code of Civil Procedure. On that scope he highlighted various judgments. In : (1994)1SCC611 [Saraswati and
Tag this Judgment! AI Brief & AskAdministrator General, Uttar Pradesh, Allahabad Vs. Late Dharamvir Ali ...
Allahabad
Apr-18-1996
Property
Administrator General Act, 1963 - Sections 7, 8, 9, 11 and 14; Succession Act, 1925 - Sections 57, 212, 213(1) and (2), 232, 234, 370, 371, 372, 383 and 384; Indian Succession (Amendment) Act, 1962
AIR1997All158
refer to the relevant provisions of the Administrators General Act, 1963 and to certain provisions of the Indian Succession Act, 1925. Section 6 of the Administrators General Act (the Act XLV of 1963) lays down that so far as regards … ORDER1. By means of this petition filed under Section 9 of the Administrator General Act, the Administrators General, Uttar Pradesh has sought Letters of Administration in respect to
Tag this Judgment! AI Brief & AskP.M. Mani Vs. P.S. Mohankumar and ors.
Chennai
Jun-12-2002
Family
Hindu Law; Hindu Succession Act, 1925 - Sections 8, 222 and 276; Original Side Rules - Order 25, Rule 9; Limitation Act
AIR2002Mad402
that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925, but it should also be found that the said Will was the product of the free volition of … and other members who form joint Hindu family with him. But this position has since been affected by Section 8 of the Hindu Succession Act. Since the Preamble to the Act reiterates that the Act is to … effect limited to the State of Tamil Nadu? 3. To what relief? 9. On the above pleadings, the following issues and additional issues were framed
Tag this Judgment! AI Brief & AskPerIn Ardeshir Dalal Vs. Roshan Erach Minbattiwala and ors.
Mumbai
Feb-15-2002
Family
Succession Act, 1925 - Sections 211(1), 227 and 307; Code of Civil Procedure (CPC) , 1908 - Order 32, Rule 9
2002(4)BomCR187
Dalal were as per the provisions of section 211 sub-clause (1), section 227 and 307 of the Indian Succession Act, 1925. He pointed out that defendant No. 1 was appointed as the Executor of the last Will of the … 1 for grant of probate in respect of the alleged last Will and testament of the deceased dated 9th March, 1999. The plaintiff filed Caveat in Testamentary Petition No. 1161 of 1998 through her next friend Nariman
Tag this Judgment! AI Brief & AskK.K. Thankappan and ors., Etc. Vs. K.S. Jayan and ors. Etc.
Kerala
Nov-26-2002
FamilyProperty
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
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
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