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Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136

Reported in : 2006(14)SCALE285

of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302 of the Indian Succession Act, 1925 (for short, 'the Succession Act') falls for consideration in this appeal, which arises out of a judgment and … S.B. Sinha, J.1. Interpretation and application of the provisions of Sections 25 and 26 of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302

Chandrabhai K. Bhoir and ors. Vs. Krishna Arjun Bhoir and ors.

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 302

Reported in : AIR2009SC1645; 2009(1)AWC715(SC); 2009(1)BomCR107; (2009)2SCC315; 2009AIRSCW1130; 2009(1)LHSC482

S.B. Sinha, J.1. Leave granted.2. Application of Section 302 of the Indian Succession Act, 1925 (for short 'the Act') is in question in this appeal which arises out of a judgment and order … S.B. Sinha, J.1. Leave granted.2. Application of Section 302 of the Indian Succession Act, 1925 (for short 'the Act') is in question in this appeal which

S. Mary Fathima Alias S. Karuna Vs. Anna Mary Vijaya and anr.

Court : Karnataka

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 302

Reported in : AIR2005Kant132; 2004(6)KarLJ153

ORDERD.V. Shylendra Kumar, J.1. This is a petition presented under Section 302 of the Indian Succession Act, 1925 ('the Act' for short) by one of the beneficiaries under a Will dated 4-10-1965 left behind by one … held that judgment-debtor had knowledge of the proceedings and has dealt with all the contentions, with reference to Sections 13(a) to (f) & 44-A of C.P.C., Hence, impugned order does not call for any interference. - Therefore,

Jai Krishna Ssrivastava Vs. Rajeshwar Dayal (Executive) and Others

Court : Allahabad

Subject : Property

Acts : Succession Act, 1925 - Sections 302; Trusts Act, 1882 - Sections 34; Supreme Court Rules, 1883 - Order 55, Rule 3

Reported in : AIR1997All419

single Judge, in Testamentary Case No. 2 of 1985, tiled by appellant under Seclion 302 of the Indian Succession Act, 1925 (hereinafter referred to as the Act) for giving such directions to the Executor as prayed in the petilion.2. … the discriminatory demand raised by the executor through the aforesaid letters, appellant filed petition before this Court under Section 302 of the Act seeking the following directions to the executor;(a) direct the executor not to give effect

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Subject : Property limitation

Acts : Transfer of Property Act, 1882 - Section 53A;; Registration Act, 1908 - Section 49;; Specific Relief Act, 1963 - Sections 10 and 13;; Indian Succession Act, 1925 - Sections 2, 273, 274, 300 and 302;; City Civil Court Act, 1953 - Sections 2(5), 5(3) and 22;; Official Trustees Act, 1913 - Sections 25 and 26;; Evidence Act, 1872 - Section 115;; Code of Civil Procedure (CPC), 1908 - Section 11 - Order 1, Rule 13 - Order 6, Rule 4;; Calcutta High Court Original Side Rules - Rules 3 and 13;; Indian Companies Act, 1913;; Specific Relief Act, 1877 - Section 27A;; Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947;; Constitution of India - Article 311(1);; Rent Control Act - Section 11;; Land Reforms Act - Sections 106 and 125(3);; Limitation Act, 1963 - Section 17

Reported in : (2000)2CALLT1(HC)

and estoppel. It was further submitted that the appellant's application was maintainable under section 302 of the Indian Succession Act, 1925 and the order passed thereon could not be void. On the merits the appellant submitted that even though … in the fourth column of the Schedule'. The Indian Succession Act, 1925 is mentioned in the Schedule. The sections of the Indian Succession Act sought to be amended are 2(bb), 273, 274 and 300 and not section

Ramamurthy Vs. President, Attur Co-operative Society, Attur

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 302

Reported in : AIR1955Mad417

result, this application is dismissed with the costs of the contestingSociety. Family - succession - Section 302 of Succession Act, 1925 - whether application lies under Section 302 - application filed under Section 302 for directing co-operative society to … ORDERRamaswami, J.1. This is an application for directions purporting to be under Section 302 of the Indian Succession Act. 2. The facts arc: One K. G. Krishnaswami Ayyar had three fixed

Rustam Ardeshir Gagrat

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 302

Reported in : AIR1990Bom111; 1989(3)BomCR310; 1989MhLJ1034

law entitled to administer the estate of the deceased.8. Petition is dismissed. Family - executor- Sections 302 of Succession Act, 1925 - petition seeking direction for appointment of person not being an executor to act along with only surviving

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

Act and not otherwise. Similar provisions exist in the Official Trustees Act, 1930, Section 302 of the Indian Succession Act, 1925 and Section 7 of the Charitable and Religious Trusts Act, 1920. The courts of India have all along … a jurisdiction to finally decide the rights of the persons interested in the trust. RELEVANT STATUTORY PROVISIONS : Sections 11, 56, 77 and 83, which are relevant for the purpose of this appeal, read as under :

The Secretary of State for India in Council Vs. Srimutty Parijat Debi

Court : Mumbai

Subject : Property

Reported in : (1936)38BOMLR125

questions, it was argued on behalf of the appellants that Section 104 of the Indian Succession Act of 1925 had no application to the facts of this case.21. The section is as follows :-104. If a legacy … which have happened in this case the applicant Srimutty Parijat Debi can invoke Section 104 of the Indian Succession Act in her favour; (2) Whether it is incumbent upon Srimutty Parijat Debi to take out a succession certificate … will humbly advise His Majesty accordingly. Indian Succession Act (XXXIX of 2925), Sections 214,302 - Administration-Residuary legatee- Administration of estate not completed and residue not

Wadilal Chunilal Vs. Murlidhar Girdharlal Shah

Court : Mumbai

Subject : Family

Reported in : (1970)72BOMLR723

the light of what has been laid down in this judgment.I order accordingly. Indian Succession Act (XXXIX of 1925), Sections 317, 302, 263--Bombay High Court Rules (O.S.) 1957, Rule 663, Form No. 92--Court's power to examine or refer … 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