Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 rule 1 to 3 suits by or against trustees executors and administrators Court: delhi Page 1 of about 17 results (0.213 seconds)

Manmohan Singh and anr. Vs. Joginder Kaur and ors.

Court : Delhi

Reported in : 2002(64)DRJ293

..... section 295 says 'in any case before the district judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the code of civil procedure, 1908 in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.40. ..... as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.explanation - a trustee of property is a 'person interested to deny ..... : (2002)1scc33 has made the following observations :-'there cannot be any dispute to the legal proposition that the grant of probate establishes conclusively as to the appointment of the executor and the valid execution of the will. ..... govind jyoti, air 1975 sc 975 wherein the following observations were made :-'the rule that where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all and that other methods of performance are necessarily forbidden is attracted with full force in such like cases.'57. .....

Smt. Raj Rani Sharma & Ors. Vs.sh. Sumer Segal & Anr.

Court : Delhi

..... this regular first appeal under section 96 of the code of civil procedure, 1908 (cpc) is filed by the defendants in the suit impugning the judgment of the trial court dated 18.3.2017 whereby the suit filed by the respondents/plaintiffs have been decreed against the appellants/defendants for possession of the property no.322, situated in kucha ghasi ram, chandni chowk, delhi as shown in red colour in the site plan. ..... it may be noted that dw 1 and dw 2 have pleaded and tried to prove that their right in the suit property as a licencee is hereditary and they are to continue with the possession of the suit property till the trust is in existence and they have tried to prove their possession through various documents but the possession of the suit property has not been disputed by the plaintiffs. ..... the administration and management of the trust along with the temple was handed over by sh. ..... thereafter, pw 1 sent a written communication through letter dated 16.08.2011 ex.pw and postal receipts through which this letter was sent are ex.pw-and ex.pw and sought production of the original of this letter dated 16.08.2011 which was in power and possession of defendant no.3 and pw-1 got issued a notice dated 21.12.2016 under order 12 rule 8 cpc. ..... pw 1 further admitted that the records of his appointment as a trustee are available with pw 1 and appointment letter of sh. ..... baij nath as executor of the will dated 29.8.1929. sh. .....

Shri H.P.S. Chawla Vs. Dr. N.P.S. Chawla, S/O Shri Gopal Singh Chawla,

Court : Delhi

Reported in : AIR2006Delhi53; 124(2005)DLT124; 2005(84)DRJ516; (2005)141PLR62

..... to section 295 of indian succession act which provides for the applicability of civil procedure code and thereby contended that the court while exercising power under section 151 of the code of civil procedure can order for deletion of such scandalous material from the will.7. ..... that in terms of section 151 of the code of civil procedure and section 561 a of the cr.p.c. ..... fact that there is no corresponding provision in the civil procedure code and that even in england the said rule is confined only to 'scandalous' matters in affidavits. ..... 2 that while exercising testamentary jurisdiction, this court does not cease to be a court of equity and when provision of civil procedure code applies in terms of section 295 of the indian succession act, the court while exercising its inherent powers is not without jurisdiction to delete or expunge material which is ..... widow who was the executor had applied for grant of probate, whereas, in this case the appellant not only did not apply for grant of probate as an executor but also got receiver appointed during the course of proceeding for grant of letters of administration/probate. ..... 155, the high court of madras ordered the objectionable passages in a memorandum of appeal alleging partiality against the judge who decreed the suit to be expunged. ..... submission, reference was made to board of trustees of the port of bombay & ors. ..... in board of trustees of port of bombay (supra), the court relied upon the following observation of house of lords in pioneer .....

Delhi High Court Bar Association and Another, Etc. Vs. Union of India ...

Court : Delhi

Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)

..... they are not bound by the procedure made by the code of civil procedure but shall be guided by the principles of natural justice, and subject to the provisions of the act and the rules shall have powers to regulate their own procedure, including the place at which they shall have their sittings.16. ..... of the security for any loans or advances or which may be connected with any such securities; (h) undertaking and executing trusts; (i) undertaking the administration of estates as executor, trustee or otherwise; (j) establishing and supporting or aiding in the establishing and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or ex-employees of the company or the dependents or connections of such persons,; granting pensions and allowances and making payments towards insurance; subscribing to or guaranteeing moneys for charitable or benevolent objects or for any exhibition or for ..... civil courts which are directly under the control and superintendence of the high court trying bank suits, the suits of creditor and debtor relationship, have been deprived of their jurisdiction and the jurisdiction conferred on a tribunal which is against thetheme of the constitution and independence of judiciary which, as noted above, is a basic feature of the constitution. ..... he detailed in the suit as to how his claim was made against the indian overseas bank. .....

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

Court : Delhi

Reported in : AIR1969Delhi75; ILR1968Delhi41

..... words, the suit contemplated by section 92, civil procedure code, is a suit instituted on behalf of the public by the advocate-general or two members of the public with the consent of the advocate-general for vindication of the rights of the public in relation to a public trust against the entire body of the trustees of such trust ..... i set aside the judgments and decrees of the courts below and direct that a preliminary decree for rendition of accounts be passed under order 20 rule 16 of the civil procedure code against the estate of the deceased ram sarup in the hands of his legal representatives, the respondents in this appeal, for the purpose of ascertaining the amount of money due to or from the deceased to the trust ..... the indian succession act, 1925, after having provided that all demands and all rights to prosecute or defend any action or special proceeding existing in favor of or against a person at the time of his decease, survive to and against his executors or administrators expressly except causes of action for defamation, assault, as defined in the indian penal code, or other personal injuries nto causing the death of the party, and also cases where, after the death of the party, the relief ..... it would be open to any of the parties to move the trial court for such other direction to the commissioner under order 20 rule 17 of the civil procedure code as may become necessary, during the course of the proceedings before the commissioner, in the circumstances of the case. .....

Adarsh Kaur Gill and ors. Vs. Ajit Singh (Dead) Thru Surjit Kaur Gill ...

Court : Delhi

Reported in : 157(2009)DLT137

..... in a suit filed by the respondent herein (hereinafter referred to as the 'plaintiff'), application of the appellant ('defendant' in the said suit and hereinafter referred as such) under order vii rule 11 of the code of civil procedure, 1908 has been dismissed by the learned single judge vide impugned orders dated 7.4.2008. ..... it is averred that in september 1980 the plaintiff, as the administrator and executor of the will, had made relevant disclosure under the amnesty scheme before the income tax commissioner, delhi disclosing the facts in order to save income accruing from abnash kaur's estates. ..... after coming to know that the leave and license agreement in favour of the gdr embassy was renewed, the plaintiff served a notice on the first defendant as well as the embassy authorities that under the will of abnash kaur there were six beneficiaries and that he was entitled to recover all profits on account of his being the administrator and executor of the will. ..... (ii) that you or any other beneficiary will not pursue the complaint filed by you against me with the income tax department.i am giving this offer in the light of the discussion which we held and in view of the serious consequences which may result if the complaint filed by you before the income tax authorities is further pursued. ..... rasheed, being co-sharers of the plaintiff, would become constructive trustees on behalf of the plaintiff and the right of the plaintiff would be deemed to be protected by the trustees.29. .....

Anjan Kumar Singhi and anr. Vs. Ranjan Kumar Singhi and ors.

Court : Delhi

..... usha singhi, defendant no.3 had filed ia no.3213/2009 under order vii rule 11 of the code of civil procedure, 1908 (cpc for short) praying for the dismissal of the suit. ..... accordingly, as soon as the executor obtained probate, the estate vested in him as the constituted trustee; ergo, after the assessment year in which probate was granted, the official trustee should have discarded the robes of an executor and donned those of a trustee. ..... b by distributing these items in equal shares between plaintiff no.1 and defendant no.2 respectively and entrusting physical possession to them in accordance with such distribution; or (b) in the alternative, to appoint a retired high court judge as a trustee in place of defendant no.1 to discharge the duties of the trustee as referred to in prayers (a)(i) and (a)(ii) above; and (c) to have the trust executed by this hon'ble court until appointment of a new trustee in place of defendant no.1; (d) award costs of the suit to the plaintiff and against the defendant; and (e) pass such other order/further orders that ..... that section deals with the power of a high court to suspend, remove or discharge any private executor or administrator. ..... section 301 of the indian succession act contemplates a situation where an application is made to suspend, remove or discharge any private executor or administrator and provide for the succession of another person to that office, thereby vesting in the new successor any property belonging to the suit. .....

Can Bank Mutual Fund Vs. Nuclear Power Corporation of India

Court : Delhi

Reported in : I(2008)BC330; 2007(98)DRJ464

..... a reference was made to the provisions of order xxxi of the said code, rule 2 of which states that where there are several trustees, executors or administrators, they shall be made parties to a suit against one or more of them. ..... the plaintiff thus filed the present suit under rule 2 of order xxxvii of the code of civil procedure, 1908 (hereinafter referred to as the said code) for the recovery of the balance of rs. ..... the court has the power under rule 10 of order i of the said code to set right matters where it is satisfied that a bona fide mistake has been committed in filing the suit and can even exercise power where the suit has been instituted in the name of a wrong person by ordering the addition or substitution of the proper plaintiff [bal niketan nursery case (supra)].33. ..... insofar as the impleadment of co-trustees in the present suit are concerned, it was submitted that as per the sebi (mutual fund) regulations, 1996 not less than 2/3rd trustees are mandatorily required to be independent persons and the trustees appointed at the time of institution of the suit could no longer represent the trust.30. ..... the plaintiff is thereafter stated to have written a letter dated 06.11.1997 stating that the withholding of the redemption proceeds and clubbing the same with the non payment issue by canfin was arbitrary and mala fide and as the amounts held were of small investors, the non payment of the redemption proceeds was detrimental to public interest.7. .....

Ajit Singh Vs. Adarsh Kaur Gill

Court : Delhi

Reported in : 2008(106)DRJ947

..... 1604/99 moved under order vii rule 11 of the code of civil procedure, 1908 (hereafter 'the cpc') through which the defendants seek an order rejecting the plaint ..... it is averred that in september 1980 the plaintiff, as the administrator and executor of the will, had made relevant disclosure under the amnesty scheme before the income tax commissioner, delhi disclosing the facts in order to save income accruing from abnash kaur's estates ..... it is further submitted that the first defendant conspired with the advocate of abnash kaur to claim that she was the subrogatee in terms of the compromise decree passed in the suit filed by the mortgagees and that the lease deed was in fact a valid one, whereas the property was redeemed in the name of the first defendant in order to avoid complications in proceedings filed by the step sons (of abnash kaur) which were ..... if a holder of title proves that be too had been exercising during the currency of his title various acts of possession, then, the quality of those acts, even though they might not be sufficient to constitute adverse possession as against another, may be abundantly sufficient to destroy that adequacy and interrupt that exclusiveness and continuity which is demanded from a person challenging by possession, the title which he holds, (see kuthali moothavar v. ..... , being co-sharers of the plaintiff, would become constructive trustees on behalf of the plaintiff and the right of the plaintiff would be deemed to be protected by the trustees.29. .....

Malwinder Kaur and anr. Vs. Tej Pratap Singh

Court : Delhi

Reported in : 1993(26)DRJ117

..... this application has been seriously opposed by the other side, on the ground that allowing this application would be permitting the plaintiffs to change the entire character of the suit which they cannot to be permitted by an amendment under order 6 rule 17, civil procedure code . ..... the property mentioned in list 'b' of the compromise petition was allotted to the defendant tejpratap singh and the property mentioned in list 'a' thereof was to continue to be administered by the executors/trustees. ..... (32) it is mentioned that all rules of court are nothing but the provisions intended to secure the proper administration of justice and it is, thereforee, essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless, no power has yet been given to enable one distinct cause of action to be substituted for another, nor to change, by means of amendment, the subject matter of the suit. ..... in prayer clause (c), the plaintiffs want that mandatory injunction be issued against the defendants/executors directing them to deliver the possession of the abovementioned properties to the plaintiffs. ..... inder kaur to be the son and the wife of jagmair singh was closed against them for all times to come. ..... since no relief is claimed against birender singh, there fore, he ought not to be imp leaded as a defendant in the suit. ..... '(14) against the said judgment, l.p.a. .....