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Commissioner of Income Tax, Gujarat Vs. Udayan Chinubhai and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act; Trusts Act, 1882 - Sections 94; Indian Succession Act, 1925 - Sections 325; Hindu Law

Reported in : 1996VIAD(SC)634; (1996)135CTR(SC)430; [1996]222ITR456(SC); JT1996(7)SC309; 1996(6)SCALE48; (1996)5SCC633; [1996]Supp4SCR789

legal heirs without first having paid the debts of the testator in full. Section 325 of the Indian Succession Act, 1925 provides that the debts of every description must be paid before any legacy. But, this is not a … of the creditors to the extent necessary to satisfy the just demands of the creditors in terms of Section 94 of the Indian Trusts Act, 1882.13. The High Court was also of the view that certain properties which

Sarvjit Singh Sareen Vs. Mrs. Ritu Menon and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 57, 63, 87, 111, 112, 113, 114, 115, 116, 118, 119, 120and 138; Evidence Act 1872 - Sections 68; Uttar Pradesh Zamindari Abolition Act - Sections 169; Transfer of Property Act, 1882 - Sections 19 and 21; Hindu Law

Reported in : 166(2010)DLT242

proved by one of the attesting witness, Mr. Navneet Bansal in terms of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act 1872. It is urged that the contents of the

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 … 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 … case for the opinion of the Court, public nuisances and public trusts.Sections 94 and 95 in Part IV deal with supplemental proceedings such as arrest,

G. Govindan Vs. New India Assurance Co. Ltd. and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 29A, 31, 94, 95, 103-A and 112; Motor Vehicles Act, 1988 - Sections 146, 147, 156 and 157; Insurers Act, 1930 - Sections 101 and 102

Reported in : I(1999)ACC483; 1999ACJ781; AIR1999SC1398; (1999)3CALLT34(SC); [1999]97CompCas443(SC); 1999(2)CTC473; JT1999(2)SC622; (1999)122PLR274; RLW1999(3)SC385; 1999(2)SCALE491; (199

the ambit of s. III of the Regulation. Since the courts have now ample powers under the Indian Succession Act, 1925, and the Code of Civil Procedure, these provisions of the Regulation are out of date and should be … Act and after noticing the judgments of the Courts in India and England, held as follows:A perusal of Section 94 clearly discloses that the statute intended to give protection to a third party in respect of death or

Smt. Suraj Devi Vs. Smt. Sita Devi

Court : Rajasthan

Subject : Civil

Acts : Succession Act, 1925 - Sections 63 and 276; Rajasthan High Court Ordinance, 1949 - Sections 18; Transfer of Property Act, 1882 - Sections 6; Payment of Gratuity Act, 1972 - Sections 4

Reported in : AIR1996Raj6; 1995(2)WLC640; 1995(1)WLN480

the judgment dated 4-12-93 passed by the District Judge, Jodhpur, granting Probate of a Will under the Indian Succession Act, 1925.2. The facts giving rise to the appeal, stated in brief, are that one Shri Sohan Lal expired on … learnedDistrict Judge came to a conclusion that the Will was genuine, it was duly proved as required by Section 63 of the Indian Succession Act. He, therefore, ordered grant of Probate.4. This order was impugned in Misc.

Ranchhoddas Khimji Ashere Vs. Tempton Jahangir and anr.

Court : Gujarat

Subject : CriminalConstitution

Acts : Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 94 and 439; Succession Act, 1925 - Sections 317

Reported in : AIR1961Guj137; 1961CriLJ338; (1961)2GLR415

Barjorji Mervanji Fraser and that since the books of account were required to be maintained under the Indian Succession Act, they were not private documents. We do not propose to decide the broad contention urged by Mr. A. … 1959. During the pendency of the complaint. Opponent No. 1 made an application to the learned Magistrate under Section 94 of the Criminal Procedure Code for an order requiring the petitioner to produce certain books of account mentioned

G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

rateably, any rights enforceable against the creditors who have been paid in full or in excess Section 323, Succession Act, 1925, replaced Section 282, Succesaion Act, 1865, and Section 104, Probate and Administration Act, 1881. Section 282, Succession Act, … the executor or administrator to prefer any debt is still retained and is now to be found in Section 94(2), Administration of Estates Act, 1925, which runs thus :'The right of retainer of a personal representative and his

Jai Singh Vs. Garhwal Motor Owners and ors.

Court : Allahabad

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1939 - Sections 95, 102 and 110B; ;Succession Act, 1925 - Sections 306

Reported in : AIR1982All480

the above doctrine, it would be sufficient for the purposes of the present case to read Section 306, Succession Act, 1925, and to see whether the case of an injury occasioned by a motor accident is taken out of … Motor Vehicles Act. Chapter VIII makes the provision for insurance of motor vehicles against third party risks. While Section 94 requires the necessity for insurance against third party risks, Section 95 lays down the requirements of policies and

Sri. Boppanda N. Kushalappa Vs. Sri. Baleyada K. Cheramanna

Court : Karnataka

Subject : Education

High Court, published in the Gazette on 29-03-1979, clothes the powers of a District Judge under the Indian Succession Act, 1925, upon Senior Civil Judges or Civil Judges in the State of Karnataka, in respect of issuance of Probates … its order on an appeal from an order of a District Judge. 94 (3) An order of a District Judge on an appeal from an … MAIN1T BLOCK, KALYANANAGAR BENGALURU-560 043 ... RESPONDENTS (BY SMT. B. LAKSHA KALAPPA, ADVOCATE) THIS CRC IS FILED UNDER SECTION113R/W ORDER XLVI RULE1OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CALL FOR THE RECORDS IN O.S.NO.33/2013 ON

Venugopal Loya and ors. Vs. Vijayalakshmi Bung and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Andhra Pradesh Court-fees and Suits Valuation Act, 1956 - Sections 24; Indian Succession Act, 1925 - Sections 370

Reported in : [1991]71CompCas393(AP)

bank's locker that stood in the name of his mother, Suguna Bai. Under section 370 of the Indian Succession Act, 1925, a succession certificate can be granted only in respect of debts and securities and not for any other … State Bank of India v. Netai Ch. Porel, : AIR1982Cal92 , it is observed as follows (at page 94) : 'The bank was merely a custodian of the same. In ordinary parlance, `debt' means a sum certain