Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Sorted by: recent Court: madhya pradesh Page 1 of about 1,154 results (0.149 seconds)

Prabhudayal (Dead) Through His L.Rs. Vs. Smt. Ramsiya and anr.

Court : Madhya Pradesh

Reported in : AIR2009MP52; 2009(1)MPHT139

..... point only as indicated hereinabove.4. in this manner for a limited purpose only that what is the impact of section 6 of the act as amended by hindu succession (amendment) act, 2005 (for brevity 'the amended act of 2005') on the dwelling houses of udaipura and rehma is to be taken into consideration. the appeal on all other points has ..... already been decided on 8-1-2008.5. the contention of shri n.k. patel, learned senior counsel is that section 23 of the act which ..... m.c.c. no. 1339/2007) which was filed by plaintiff smt. ramsiya was also allowed since the amended provision of section 6 of hindu succession act, 1956 (in short the 'act') vis-a-vis to section 23 of the act was not taken into consideration and the said review application of plaintiff-ramsiya was also allowed and this first .....

M/s. Tarnado Enterprises, Richhai and Another Vs. Union Bank of India ...

Court : Madhya Pradesh

..... tribunal, by the recovery officer where the modes of recoveries, validity of certificate and amendment thereof, stay of proceedings under certificate and amendment or withdrawal thereof, other modes of recovery, and application of certain provisions of income tax act are prescribed. if an action is taken by the recovery officer beyond his jurisdiction ..... has raised the preliminary objection regarding maintainability of the petition before this court on the ground of availability of alternative statutory remedy of appeal under the act against the impugned order and delay of few months in filing the petition. however, it is also contended that recovery officer has the jurisdiction ..... while not empowered to take any action under section 31-a(2) and (3) of the act and no case .....

M/s. Seven Brothers Vs. Hinduja Leyland Finance Company and Others

Court : Madhya Pradesh

..... of this agreement whether during its subsistence or there after shall be settled by arbitration in accordance with the provision of the arbitration and conciliation act, 1996, or any statutory amendments thereof and shall be referred to the sole arbitration of an arbitrator nominated by the by the managing director of the lender. the award given ..... but there is no plausible justification offered as to why the aforesaid facts were not pleaded at the time of filing the writ petition. by the aforesaid amendment, the petitioner sought to bring on record that the respondent-company has not allowed the petitioner to deposit the amount of instalments, the possession of the ..... respondent-company) for release of the excavator machine on supardgi subject to payment of necessary dues regularly on monthly instalments and further relief incorporated by way of amendment vide order dated 03/02/2014 in the form of direction to newly added respondents' no.3 and 4 to take action and register criminal case .....

Ramit Kumar Pathak Vs. Pawan Kumar Pathak and Others

Court : Madhya Pradesh

..... court whereas the intervenor-ramkishan dubey since very beginning pleaded that he was the legal heir of deceased heeralal as per class ii iv (2) of the schedule appended to hindu succession act 1956. this fact prima facie appears to be correct on perusal of the will (annexure-p/ 6), dated 20/12/1989 admittedly, in the present civil suit it was ..... was filed and objection was raised in regard to paternity of pawan kumar by the intervenor ramkishan dubey (defendant of that civil suit), the plaintiff-pawan kumar moved an amendment application under order vi rule 17 c.p.c., to demonstrate that he was not the natural son of heeralal but adopted son of heeralal. aforesaid application was dismissed ..... pawan kumar showing himself to be natural son of heeralal but in that suit, when counter claim was filed by the intervenor/defendant ramkishan dubey, the plaintiff moved an amendment application under order vi rule 17 c.p.c. that he was not the natural son of heeralal but adopted son of heeralal. that .....

Rakesh Gurjar and Others Vs. State of M.P.

Court : Madhya Pradesh

..... invited our attention to the provisions of section 163 and then to section 41, in particular, clause (ii) (b) of the code, as inserted by amendment act no. 5 of 2009, and section 46 of the code to contend that the police officer can arrest a person only on fulfilling the requirements specified by the ..... amending act. further, the arrest cannot be for the purpose of extracting admission/confession or compelling the accused to give false evidence whilst in police custody by force or under coercion. that act of the police would result in the commission of offences under ..... a case like this effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also materials, which would have been concealed. succession such interrogation would elude if the suspected person knows that he is well-protected and insulted by a pre-arrest bail during the time he interrogated. very .....

Jaldevi and Another Vs. Matadeen and Others

Court : Madhya Pradesh

..... premise that in terms of hindu succession act, 1956, she is entitled for 1/3 share in view of the amendment brought in the hindu succession act stating that the aforesaid amendment is retrospective in nature. on the other hand, it is submitted that amendment brought in section 6 of hindu succession act, 1956 does not have retrospective ..... operation and the intention legislature in that behalf is well explicit from the amended section 6 of hindu succession act. ..... besides, it is submitted that in terms of section 82 of the madhya bharat land revenue and tenancy act, samwat, 2007, the suit property left behind by chinku shall devolve .....

Shanti Bai Vs. Suhila Bai

Court : Madhya Pradesh

..... petitioners because in such cases it was held that daughters, who have got birth subsequent to enforcement of aforesaid amended provision of section 6 of the hindu succession act, have a co-parcenory rights in the ancestral joint hindu family property of their parents. it is further held in the cited cases that such daughters shall get the ..... taking me through the averments of the petition alongwith the papers placed on record, so also the impugned order argued that in view of the amended provision of section 6 of the hindu succession act, which have come into force in the year 2005, the petitioners being daughters of the respondent nos. 3 and 4 by virtue of ..... such amended provision are having share in the disputed property but without considering their such right, contrary to settled legal position and the above mentioned .....

Gopal Sanodiya Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... been disputed. certain documents have been filed which are said to be proof of the fact that the claim made by the petitioner was misconceived. by filing rejoinder and making amendment in the writ petition, petitioner has contended that those documents were virtually prepared and produced before this court to cause a prejudice against the petitioner. virtually no enquiry whatsoever was ..... proceeding under article 226 of the constitution of india. it is also to be kept in mind that the grant-in-aid is paid by the state government under the act aforesaid from the public exchequer for the purposes of running the educational institution and it is not meant for the pleasure of the authorities of the society or the school .....

Smt.Shyam Kali Vs. Smt.Rahamiya

Court : Madhya Pradesh

..... .p.l.j.584 it has been held by a bench of this court that the tribal in the state of madhya pradesh are not governed by the provisions of hindu succession act, 1956, 4 s . a . no 2. 6 9. 9 8 therefore, it is obligatory on the part of the plaintiff to prove the custom which was the foundation of her ..... . 6. i have considered the submissions made by learned counsel for the appellant and have perused the record. from perusal of the plaint, it is apparent that the plaintiff had amended the plaint and in paragraph-2b of the plaint it was pleaded that the parties are tribal and as per custom prevalent in the community, a daughter has an equal ..... .4. the trial court vide judgment and decree dated 30.9.1995 inter-alia held that the plaintiff has failed to prove that the suit land devolved on her by succession. accordingly, the suit was dismissed. the aforesaid decree was affirmed in appeal.5. learned counsel for the appellant submitted that even in the absence of partition, the appellant would be .....

Ankit Tare Vs. Palash Tare, Th:legal Guardrina Smt. Madhulika Tare

Court : Madhya Pradesh

..... their application filed under order 7 rule 11 of the c.p.c for dismissal of the respondents case filed under section 372 of the indian succession act (for short the act) for issuing the succession certificate with respect of the property of late ramchandra manohar bhalerao, has been dismissed.2. applicant's counsel after taking me through the papers placed ..... the question was raised by the applicants in the aforesaid impugned application (annex.p/2) so also the other question if the same is raised by way of amendment application or otherwise in the reply of the written statement before the trial court then the such court shall decide the same after framing the issues in accordance with ..... the prayer of probate in respect of the alleged will was resolved, the impugned petition could not be entertained holding that no probate is necessary for the person of hindu community in the state of m.p. and the ia was dismissed by the trial court, on which, the applicants have come to this court.4. after .....