Defeasance - Judgment Search Results

A.P. Social Welfare Residential Educational Institutions Society, Rep. ...

Court: Andhra Pradesh

Reported in: 2002(5)ALD442

dubagunga subrahmanyam j 1 the review petition in review wamp no 1292 of 2002 is filed against the order dated...

Golak Behari Mondal and ors. Vs. Suradhani Dassi and ors.

Court: Kolkata

Reported in: AIR1939Cal226

..... void and of no effect 6 a clause would be a defeasance clause if on an expressed contingency happening the testator had ..... his lordship sundaram chetty j distinguishes between repugnant provision and a defeasance clause and he argues that clause 5 of this will ..... is as follows the distinction between a repugnant provision and a defeasance provision is sometimes subtle but the general principle of law .....

Teal Vs. Walker

Court: US Supreme Court

..... executed at different times with one and the same defeasance for the defeasance last executed provides that it shall not have the ..... october 18 1876 walker hewett goldsmith and teal executed another defeasance in which after reciting the conveyances by goldsmith and goldsmith ..... purposes for which he held the lands mentioned in the defeasance of august 19 1874 by this instrument goldsmith and teal .....

Ramaseenivasa Iyengar (Deceased) and anr. Vs. S. Padmasani Ammal

Court: Chennai

Reported in: (1973)1MLJ34

..... by the earlier clause in the will and that the defeasance clause found later cannot therefore operate and whittle down the ..... j on the distinction between the repugnant provision and the defeasance provision were quoted with approval by a division bench of ..... according to their respective shares the privy council upheld the defeasance clause in a later case krishtoromoni dasi v marendra krishna .....

Kali Sadhan Banerjee and ors. Vs. K.K. Banerji and ors.

Court: Kolkata

Reported in: AIR1982Cal158,86CWN583

..... the absolute grant in the deed of settlement by way of defeasance clause the court of appeal below hasconstrued the terms of ..... repugnant clause the test bringing out the nice distinction between a defeasance clause and a repugnant one has been formulated by the ..... interferes with the course of succession cannot therefore operate as a defeasance clause in the case of bhoobun mohini debia v hurrish .....

Tomlinson (inspector of Taxes) Vs. Glyns Executor and Trustee Co. and ...

Court: Kolkata

Reported in: [1969]74ITR798(Cal)

..... absolutely entitled to the money each of their interests was defeasible and contingent it might never vest at all i agree ..... in question turn the childrens interest from one that was defeasible into one that was indefeasible it follows that it cannot ..... children is in this particular case irrelevant as regards the defeasibility is perhaps well illustrated by the simple illustration of considering .....

V.D.S.R.Re.Rolling Mill. Vs. the Special Commissioner and Commissioner ...

Court: Chennai

..... property which a transferee acquires in the granted lands is a defeasible right and the transferee renders himself liable to lose his ..... and section 5 thereof the legislature is seeking to defeat the defeasible right of the transferee in such lands without the process ..... castes and scheduled tribes communities in our opinion this kind of defeasible right of the transferee in the granted lands cannot be .....

Govindamma and anr. Vs. Secretary of the Municipal First Grade College ...

Court: Karnataka

Reported in: AIR1987Kant227; ILR1986KAR1175

..... rule of perpetuity being affected it is clear that the defeasance clause would not always affect the rule of perpetuity that ..... conditional gift the condition being superadded and also providing the defeasance clause and therefore would fall squarely within the ambit of ..... murthy argued that when a condition subsequent by way of defeasance that any interest created shall cease to exist in case .....

Sonia Raman Sabharwal Vs. Ashok Rochiram Asrani and Others

Court: Mumbai

..... share of an original taker would or would not be subject to defeasance like his original share whether the son or sons would inherit ..... law of the donee from inheritance such a clause is one of defeasance as it defeats or extinguishes the absolute estate it is not a ..... absolute owner thereof this was held not to be a clause in defeasance the supreme court said that had the testator wanted to effect a .....

Hira Mani Singh Vs. Anmol Singh

Court: Allahabad

Reported in: AIR1928All699; 117Ind.Cas.351

..... from bestowing an absolute estate upon the donee and adding a defeasance clause that on the happening of a specified uncertain event the ..... s story that he or the donee knew nothing about the defeasance clause in the instrument of gift a registered instrument had been ..... the time of the sankalap without any conditions whatsoever as to defeasance a complete title passed to the donee under the doctrine of .....