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R.S. Shri Ram Pershad and ors. Vs. Chhano Devi W/O Ram Sarup and ors.

Court : Delhi

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 1, 19, 44, 46, 47 and 48; Code of Civil Procedure (CPC), 1908 - Sections 92; Tranvancore-Cochin Code of Civil Procedure (CPC) - Sections 72 - Order 20, Rules 16 and 17; Limitation Act - Sections 10; Indian Succession Act, 1925 - Sections 306; Indian Penal Code (IPC), 1860

Reported in : AIR1969Delhi75; ILR1968Delhi41

or the proceeds thereof, or for an account of such property or proceeds. Section 306 of the Indian Succession Act, 1925, after having provided that all demands and all rights to prosecute or defend any action or special proceeding … Bhusan Sen v. Kiron Chandra Sen : AIR1940Cal376 . Those two decisions concerned themselves with the scope of Section 92. Civil Procedure Code. Still, they dealt with the question of a suit by a trustee against co-trustees for

Wadilal Chunilal Vs. Murlidhar Girdharlal Shah

Court : Mumbai

Subject : Family

Reported in : (1970)72BOMLR723

to examine the inventory and account filed by an executor or administrator under Section 317 of the Indian Succession Act, 1925, in order to find out whether the same answer the description of 'a full and true inventory' and/or … for probate and is to be endorsed on the will, when possible, is to be in Form No. 92 prescribed under those Rules. Under the said Form No. 92 the executor's oath is that he would exhibit

Pressy Pinto Vs. Rony Maxim Pinto and ors.

Court : Karnataka

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 35A, 91, 92, 95, 295 and 299; Hindu Marriage Act, 1955 - Sections 24; Karnataka Court-Fee and Suits Valuation Act; Code of Civil Procedure (CPC) - Sections 2(2), 2(14), 96, 104 and 144 - Order 7, Rule 10 - Order 9, Rules 9 and 13 - Order 11, Rule 21 - Order 21, Rules 34, 72, 92 and 106(1) - Order 22, Rules 9 and 10 - Order 25, Rule 2 - Order 33, Rules 5 and 7 - Order 35, Rules 3, 4 and 6 - Order 37, Rules 2, 3 and 6 - Order 39, Rules 1, 2, 2A, 4 and 10 -Order 40, Rules 1 and 4 - Order 41, Rules 1, 2, 19, 21, 23 and 23A - Order 43, Rules 1 and 2 and Order 47, Rule 4

Reported in : AIR2009Kant157; 2009(5)KarLJ601; 2009(4)AIRKarR281

of the observation of learned single Judge on earlier occasion in RFA 324/02.3. Sections 295, 299 of Indian Succession Act, 1925 and so also Sections 96, 104 and Order 43, Rules 1 and 2 of the C.P.C. are relevant … being in force, from no other orders:(ff) an order under Section 35-A;(ffa) an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or 92, as the

Subal Paul Vs. Malina Paul and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 268, 276, 278, 283(1), 284, 295, 296 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 35A, 91, 92, 95, 96, 100, 100A, 104, 104(2), 117 and 588 - Order 39, Rules 1 and 2 - Order 43, Rule 1 - Order 41, Rule 1 - Order 49, Rule 3; Hindu Marriages Act - Sections 28; Government of India Act - Sections 108; Trade Marks Act - Sections 76; Bombay Municipal Corporation Act, 1888 - Sections 217(1) and 218D; Land Acquisition Act, 1894 - Sections 54

Reported in : AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; [2003]1SCR1092

the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came up before a Bench of two Judges, … being in force. from no other orders:'(ff) an order under Section 35A:(ffa) an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section 92, as

Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Succession Act, 1925 - Sections 69, 82, 92, 311 and 349; Partnership Act, 1932 - Sections 4; Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 6, Rule 17

Reported in : AIR1959AP448

defendant'sAdvocate Rs. 250/-. (i) Property - will - Explanation to Section 69, 82, 92, 311 and 349 of Succession Act, 1925 - businessman died leaving behind large assets - expressed desire in will to bequeath his properties to relatives

PravIn Kumar Vs. P. Rajeswaran and ors.

Court : Chennai

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100; Succession Act, 1925 - Sections 2(H), 74, 87, 92 and 213; ;Evidence Act, 1872 - Sections 103

Reported in : AIR1988Mad132; (1987)IIMLJ481

- Section 100 of Code of Civil Procedure, 1908, Sections 2 (H), 74, 87, 92 and 213 of Succession Act, 1925 and Section 103 of Indian Evidence Act, 1872 - whether person who got power to divide properties and

K. Girija Kumari Vs. Konuru Swarajya Lakshmi and anr.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Succession Act, 1925 - Sections 372(1)

Reported in : AIR2004AP248; 2004(3)ALD249; 2004(4)ALT611

did amount, other sharers being the Respondents 1 and 2. She filed O.P. under Section-372 of the Indian Succession Act, 1925 for grant of a Succession Certificate so as to enable her to receive the said amount. She paid … certificate - Section 372 (1) of Succession Act, 1925 - appellant claimed one third share of Rs. 7, 92,101 - whether court fees to be paid on entire amount where part of assets of deceased person were

Smt. Shanti Devi Vs. Yadvinder Thakur and anr.

Court : Punjab and Haryana

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 278, 291 and 301; Trusts Act - Sections 71, 73 and 74; Code of Civil Procedure (CPC) , 1908 - Sections 2(4), 9, 92 and 151 - Order 1, Rule 10 - Order 22, Rule 4 and 4(4)

Reported in : (2006)143PLR799

of Seth Bhagirath Das, were also impleaded as respondents. In this petition filed under Section 278 of Indian Succession Act, 1925 (in short, 'the Act, 1925'), for the grant of letters of administration of the Will dated 21.1.1985, read … this Court has no jurisdiction to remove the trustees. Uma Aggarwal had earlier filed a civil suit under Section 92 C.P.C. in the District Court for the removal of trustees. However, it was dismissed. Otherwise also, only a

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest … be a charitable disposition, but the transfers to which it refers are the same as those described in Section 92 of the Code of Civil Procedure, 1908, as trusts created for a public purposes of a charitable or

Maki Sorabji Commissariat and Others Vs. Homi Sorabji Commissariat

Court : Mumbai

Subject : Education

time of execution of the will or codicil. Learned counsel placed reliance on section 59 of the Indian Succession Act, 1925 which reads thus: “59.Person capable of making Wills:- Every person of sound mind not being a minor may … of Smt. Pushpa Prabhaschand Jain and Ors. Vs. Rakesh Phoolchand Jain (Adopted son) reported in 2007 (2) Bom.C.R. 92 in support of his submission that even if it is held that the said deceased was suffering from