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June Beale and Others Vs. -----

Court : Chennai

Subject : Land Acquisition

(Prayer: Civil Miscellaneous Appeal is filed under Section 299 of the Indian Succession Act, 1925 and under Order XLI Rule 1 r/w Section 96 of the Code of Civil Procedure, 1908, to set

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 … Order 43, Rules 1 and 2 of C.P.C. are applicable and if it is a regular first appeal Section 96, Order 41, Rules 1 and 2 of C.P.C. are applicable.Section 96 reads as under:Appeal from original decree.- (1)

Commissioner, Corporation of the City of Bangalore, Bangalore Vs. S. R ...

Court : Karnataka

Subject : Land Acquisition

Acts : Code Of Civil Procedure (CPC), 1908 - Order 41 Rule 1, Section 96; Indian succession Act, 1925 - Section 303

Reported in : 1993(2)KarLJ521

he was competent to do so as an executor de son tort under Section 303 of the Indian succession Act, 1925. In the alternative he submitted that the appeal filed by the defendants was against a dead person and … A.B. MURGOD, J.(1) THIS appeal is filed by the defendants under order 41, Rule 1 read with Section 96, CPC against the judgment and decree dated 25-2-1987 passed in o. s. No. 2017 of 1984 by the

Shri Mahaveerdas Shastri Vs. Shri Sadguru Seva Sangh and anr.

Court : Madhya Pradesh

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63 and 68; Transfer of Property Act, 1882 - Sections 3; Evidence Act, 1872 - Sections 45, 47, 68 and 73; Indian Registration Act

Reported in : 2004(1)MPHT383

The law regarding to execution and attestation of a Will is enshrined in Section 63 of the Indian Succession Act, 1925 which reads as under :--'63. Execution of unprivileged Wills.-- Every testator, not being a solider employed in an … Judge, Satna in Civil Suit No. 51 -A/87, dismissing his suit, the plaintiff has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908.2. In brief, the case of plaintiff is that Mahant Ranchhor Das

Natha Singh Vs. Gurdial Singh and ors.

Court : Punjab and Haryana

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 96 and 102; Indian Succession Act, 1925 - Sections 306

Reported in : AIR1982P& H38; [1984]55CompCas721(P& H)

the grounds given therein. Section 102 of the Act provides,--'Notwithstanding anything contained in Section 306 of the Indian Succession Act, 1925 (XXXIX of 1925), the death of a person in whose favour a certificate of insurance had been issued, … and Nand Singh Virdi v. Punjab Roadways, Amritsar, (1962) 64 Pun LR 917 : (AIR 1963 Punj 214).3. Section 96 of the Act provides for the duty of the insurers to satisfy judgments against persons insured in respect

Jana Bai and Others Vs. Komalan and Others

Court : Karnataka

Subject : Land Acquisition

as it has an admixture of law due to the specific requirements of Section 63 of the Indian Succession Act, 1925 towards due execution. A method is proceeded (sic provided) in which a will shall be duly executed. It … (Prayer: This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 1.12.2008 passed in O.S.No.10687/1994 on

Gajanand Vs. Vishnu and ors.

Court : Rajasthan

Subject : Civil

Acts : Indian Penal Code (IPC) - Sections 96; Defence and Internal Security of India Rules, 1971; Indian Succession Act, 1925 - Sections 306; Code of Civil Procedure (CPC) - Order 22, Rule 1 and 2; Industrial Disputes Act, 1947 - Sections 1(3) and 13C(2)

Reported in : AIR2006Raj178; RLW2006(3)Raj2158; 2006(2)WLC687

They are, therefore, entitled to be substituted in place of the deceased respondent-plaintiff.8. Section 306 of the Indian Succession Act, 1925 read with O. 22 Rule 1 and II of the Code of Civil Procedure, 1908 further speaks only … Harbans Lal, J.1. The instant civil first appeal Under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 27.8.1981 passed by 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, … 2(2) of the Code of Civil Procedure, the appeal would not from a decree as provided for under Section 96 of the Code of Civil Procedure. No formal decree is drawn up for such purpose nor the same

Kissondas Premchand Vs. Jivatlal Pratapshi and Co.

Court : Mumbai

Subject : Commercial

Reported in : AIR1936Bom423; (1936)38BOMLR864

6 Bom. L.R. 853, doubted.;Mathuradas v. Raimal (1935) 37 Bom. L.R. 642, commented on.;Section 323 of the Indian Succession Act, 1925, merely lays down a rule of procedure that must be followed by an executor or administrator. It is … Bilimoria relies upon a dictum of Mr. Justice Chandavarkar in Bai Meherbai v. Magmchand I.L.R. (1904) 9 Bom. 96 : 6 Bom. L.R. 853. Having decided the appeal on the question of res judicata the learned Judge

G.S. Nayyar Vs. Kaushalya Rani and ors.

Court : Delhi

Subject : Family

Acts : Succession Act, 1925 - Sections 272

Reported in : 10(1974)DLT131; 1974RLR511

Rani in the Court of the District Judge, Delhi by a petition under section 272/278 of the Indian Succession Act 39 of 1925 praying for grant of letters of administration with a copy of the will annexed in … defines 'order' as formal expression of any decision of a Civil Court which is not a decree. Under section 96 of the Code, an appeal lies from every decree passed by a Court exercising original jurisdiction. Appeals from