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Apr 21 1982

Jai Singh Vs. Garhwal Motor Owners and ors.

Court : Allahabad

Decided on : Apr-21-1982

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 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 limits of liability in respect of such insurance. Sub-section (1) thereof

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Nov 17 1949

Tiruchendur Sri Subramaniaswamstemple Vs. P. Ramaswamia, Pillai and Ot ...

Court : Privy Council

Decided on : Nov-17-1949

Subject : Land Acquisition

rule against perpetuities to be found in S. 5, Madras Act, I [1] of 1911 (re-enacted as S.114, Succession Act, 1925.) In accordance with these findings, he dismissed the suit against the contesting defendants and also against defendant 13 … dying childless. Their Lordships are of the opinion that the additional words do not have this effect. 12. Section 95, Succession Act, says that where property is bequeathed to a person he is entitled to the whole interest

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Dec 12 2006

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

Court : Mumbai

Decided on : Dec-12-2006

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 … the inconsistent clauses of gifts in a Will are irreconcilable, Section 88 says that the last shall prevail.Section 95 provides that the property by way of bequest to any person, he is entitled to the whole interest

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Aug 22 1980

Kashiram Vs. Bhura and ors.

Court : Madhya Pradesh

Decided on : Aug-22-1980

Subject : Property

Acts : Succession Act, 1925 - Sections 82 to 88 and 95; Hindu Succession Act, 1956 - Sections 14(2); Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1951 - Sections 2(9) and 38

Reported in : AIR1981MP236

to every testamentary, intention contained in the Will.'Yet another rule of construction of a Will as provided in Section 95 of the Indian Succession Act. 1925, is that where property is bequeathed to any person, he is entitled … as a whole. The decided cases and the provisions contained in Sections 82 to 88 of the Indian Succession Act, 1925, lay down that as far as possible such construction as would give to every expression in the Will

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Sep 12 2008

Pressy Pinto Vs. Rony Maxim Pinto and ors.

Court : Karnataka

Decided on : Sep-12-2008

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 … would be maintainable in view 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 … 91 or 92, as the case may be;](g) an order under Section 95;(h) an' order under any of the provisions of this Code imposing a

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Sep 19 1935

Administrator-general Vs. A.M. Bower

Court : Allahabad

Decided on : Sep-19-1935

Subject : Property

Reported in : AIR1935All1042; 159Ind.Cas.989

confer upon the widow an absolute interest in their realty or immovable property, as it is provided by Section 95, Succession Act, of 1925 that where property is bequeathed to any person such person is entitled to the … a limited interest, that is an interest for her life only. It is expressly provided by Section 82, Succession Act, 1925, that the meaning of any clause in a will is to be collected from the entire instrument and

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Feb 13 2003

Subal Paul Vs. Malina Paul and anr.

Court : Supreme Court of India

Decided on : Feb-13-2003

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, … nature referred to in Section 91 or Section 92, as the case may be:(g) an order under Section 95:(h) an order under any of the provisions of this Code imposing a fine of directing the arrest or

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Jan 21 1954

Ram Bharosey and ors. Vs. Lachmandas and ors.

Court : Allahabad

Decided on : Jan-21-1954

Subject : PropertyCivil

Acts : Hindu Law; Succession Act, 1925 - Sections 74, 82 and 95

Reported in : AIR1954All715

Leave to appeal allowed to a Division Bench. Family - will - Sections 74, 82 and 95 of Succession Act, 1925 and Hindu Law - construction of 'Will' - under Hindu Law bequest to a woman as 'Malik' - … costs throughout and I order accordingly. Leave to appeal allowed to a Division Bench. Family - will - Sections 74, 82 and 95 of Succession Act, 1925 and Hindu Law - construction of 'Will' - under Hindu

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Jul 07 1960

Bandura Ramamurty Vs. Koppula Vajram and ors.

Court : Orissa

Decided on : Jul-07-1960

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 95

Reported in : AIR1961Ori49

an estate of inheritance, that is absolute estate, or merely a limited estate. Section 95 of the Indian Succession Act (Act 39 of 1925) provides that where a property is bequeathed to any person he is entitled to

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Jul 19 2005

Satish Chander Sabharwal and anr. Vs. State and ors.

Court : Delhi

Decided on : Jul-19-2005

Subject : Family

Acts : Amendment Act, 2002; Bihar Land Encroachment Act - Sections 54; Indian Succession Act, 1925 - Sections 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 4, 35A, 91, 92, 95, 100A, 104, 104(1), 104(2) - Order 43, Rule 1

Reported in : 122(2005)DLT170; 2005(83)DRJ40

in the concerned statutory enactment.13. The Apex Court has also considered this issue in respect of the Indian Succession Act, 1925 ( hereinafter to be referred to as, 'the said Act' ) itself in Subal Paul v. Malina Paul … 1908 ( hereinafter to be referred to as, 'the Code' ) in terms of the said amending Code. Section 100A of the Code was amended and reads as under :-'100A. No further appeal in certain cases. A- … or Section 92, as the case may be;(g) an order under Section 95;(h) an order under any of the provisions of this Code imposing a

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