Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 28 mode of computing of degrees of kindred Court: kolkata Page 1 of about 1 results (0.055 seconds)

Smt. Sushmita Dey and ors. Vs. Smt. Sovana Dey

Court : Kolkata

Reported in : AIR2003Cal38

..... to the provisions of section 268, 372 and 373 of the indian succession act, 1925 and submitted that while in section 268 of the said act it has been clearly stated that the proceeding in relation to the granting of probate and letters of administration shall, save as otherwise provided, be regulated, so far as the circumstances of the case permit, by the code of civil procedure, 1908, under section 372 and 373 of the said act the code of civil ..... procedure has very limited application in relation to proceeding for grant of succession ..... proceeding for grant of succession certificate is pending before a civil court subordinate to high court, the application under section 24 of the code of civil procedure will certainly be maintainable for transfer of a proceedings for grant of succession certificate under the indian succession act, 1925.8. ..... my reading of the various provisions of the indian succession act, 1925 is that a proceeding for the grant of a probate or of a succession certificate has to be treated and equated to a proceeding in a suit and the procedures governing those proceedings are as .....

Ratan Kumari Tholia Vs. Sunder Lal Tholia and ors.

Court : Kolkata

Reported in : AIR1959Cal787

..... (4) the provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends on a single heir or to any property to which the indian succession act, 1925, applies. 4. ..... it cannot be said however that the indian succession act which is the lex loci of british india not only excludes the operation of the rules of intestate succession to the property of the class excluded in the section but also affirmatively lays down that it is to be governed by their personal law. ..... section 5 ex-pressly lays down that it excludes the properties to which the indian succession act applies. ..... in my view, on this point the indian succession act is only negative and not positive.8. ..... ' in matter of intestate succession therefore the indian succession act which may be characterised as the lex loci, expressly excludes amongst other the hindus. ..... the law of intestate and testamentary succession in british india is embodied in the indian succession act. ..... (b) whether she acquired absolute title in the said properties can only be determined on the determination on evidence of the question that the conditions laid down in section 14 of the hindu succession act have been complied with or not. ..... choudhury that the death of the plaintiff's husband prior to passing of the act does not prevent the application of section 8 of the hindu succession act in the instant case.11. .....

Aloke Saha Vs. Sm. Bina Ghosh and ors.

Court : Kolkata

Reported in : AIR1999Cal237

..... a bare perusal of section 23 of the hindu succession act, would show that ..... section 23 of the hindu succession act ..... and female heirs specified in class i of the schedule and his or her property includes a dwelling house wholly occupied by members of his or her family, then, notwithstanding anything contained in this act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide, their respective shares therein but the female heir shall ..... a contention was raised that in terms of the provisions of the hindu succession act, the respondent no. ..... the female heirs specified in class i of the schedule, in order to be real and enforceable, presupposes that their entitlement cannot be obstructed by any act of the male heirs or rendered illusory such as in creating third party rights therein in favour of others or in tenanting it, creating statutory rights against ..... right of residence, and in that view of the matter, she cannot be said to be a bona fide occupier as envisaged under sub-section (6) of section 12 of the indian electricity act. ..... connection in terms of section 22 of the indian electricity act. ..... furthermore, the provision of subsection (6) of section 12 of the indian electricity act, states that occupier of any building or land means a person ..... clearly held that unless a person is in lawful occupation of a premises, he has no legal right to demand electric connection in terms of the indian electricity act.5. mr. .....

Smt. Karunamoyee Sett and ors. Vs. Smt. Lakshmi Rani Debi Alias Khudub ...

Court : Kolkata

Reported in : (1993)2CALLT177(HC),97CWN1107

..... we hold that a district delegate exercising powers under part x of the indian succession act, 1925 dealing with succession certificates, being invested with such powers under section 388 of the act by state government notification, even though his is a court inferior to that of a district judge, is a different functionary from the district delegate appointed under section 265 of the act to grant probate and letters of administration in non-contentious cases, where the high court grants such appointments ..... , in the present case an appeal would lie to the district judge since here for the purpose of granting of succession certificate, the assistant district judge as district delegate is an inferior court vested with the authority under section 388(1) of the indian succession act and under proviso to sub-section (2) of section 388, an appeal will lie to the district judge. ..... in 95 cwn 629 for the proposition that proceeding in respect of granting of probate and/or letters of administration is regulated, by virtue of the provision of section 268 of the indian succession act, by the code of civil procedure, so far as circumstances of the case permit. ..... to the provisions of sections 18, 19, 21 and 23 of the bengal, agra and assam civil courts act, he contended before us that to the extent of incompatibility, the indian succession act being a central statute and also a special statute should prevail over a state act and a general statute as bengal, agra and assam civil courts act 1887. .....

Sri Bajrang Sharma Vs. Ram Krishna Kundu and ors.

Court : Kolkata

Reported in : (2001)3CALLT121(HC)

..... hence, under section 227 of the act, validity of the intermediate acts as being performed by the executor on the basis and strength of section 211(1) of the indian succession act, 1925, is finalised as an effect of probate. ..... decision of the learned court below impugned in this revisional application by not staying the further proceeding of money suit, in my view, is legal and valid, but the learned court below did not consider the impact of section 227 of the indian succession act, 1925, and there by no order was passed to that effect. ..... hence reading section 2, sub-section (11) of the code coupled with section 211 of the indian succession act, 1925, it is clear that the executor or the administrator is the legal representative in respect of the property of a deceased and the property vests to such person. ..... to have answer of this question, section 227 of the indian succession act, 1925, is a relevant factor to be considered. ..... the words 'for all purposes' have special significance as appearing in section 211 sub-section (1) of the indian succession act, 1925. ..... under section 211(1) of the indian succession act, 1925, it is provided that the executor or administrator as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such. ..... considering the rival contentions of parties, i feel that interpretation of sections of the indian succession act, will only give a right answer on the issue in question. .....

Partha Talukdar Vs. Mina Hardinge and Others

Court : Kolkata

Reported in : AIR1993Cal118

..... 30, 103 and 108 of the indian succession act relied upon for mandira, are also in myopinion not of any assistance. ..... xvi of the indian succession act, which enacted as statutory law, rules of construction evolved by english courts of equity. ..... 74 of the indian succession act, enjoining the giving of effect to the intentions of the testator, could not operate to give force to the. ..... if the will is wholly ineffective and contains, only words of disinherison, then it seeks to alter the legal course of intestate succession and is therefore bad. ..... further, the reference judgment has been acted upon now for nearly a decade.20. ..... various articles of the limitation act were referred to, but it is not necessary to refer to these in detail.50. ..... 'c', the declaration could not be acted upon. .....

Harsh Vardhan Lodha and Others Vs. Devendra Kumar Mantri and Others

Court : Kolkata

..... [(1970) 74 cwn 444]; it was held that - under section 247 of the indian succession act, 1925, the administrators pendent elite has all the powers of a general administrator and under section 211 of the said act all the properties of the deceased vest in him. ..... ; apl and receiver under succession act, 1925, section 247 it was held that - the position of an administrator pendente lite is similar to that of a receiver, with this distinction that the administrator pendent elite represents the estate of the deceased for all purposes except distribution i) ..... the shares should not be registered in the name of the 3 apls without any succession certificate or letters of administration with copy of the will annexed or probate, in circumvention of provisions of the indian succession act, 1925. ..... that something was not done in the conduct of the companys affairs; to amount to oppression such conduct must be unfair or burdensome, haul and wrongful, to the other members of the company or some of them and lack that degree of probity which they were entitled to expect in the conduct of the companys affairs. ..... in the light of the rules and regulations under the companies act, there are two modes by which shares of a company can be obtained i.e. ..... we have to accept existence of such rights and powers in apl and the court which appoints apl has every right to give directions to the joint administrators regarding the property as a mode of equitable relief. .....

Harsh Vardhan Lodha and ors. Vs. Devendra Kumar Mantri and anr.

Court : Kolkata

..... ; it was held thatunder section 247 of the indian succession act, 1925, the administrators pendent elite has all the powers of a general administrator and under section 211 of the said act all the properties of the deceased vest ..... ; apl and receiver under succession act, 1925, section 247 it was held thatthe position of an administrator pendente lite is similar to that of a receiver, with this distinction that the administrator pendent elite represents the estate of the deceased for all purposes except ..... it is submitted that the application can be made to the companies for recording of shares only by an applicant, who has obtained succession certificate under section 373 of the indian succession act or has obtained grant of letters of administration on the seal of court with copy of the will annexed (section290) or who is an executor under the will to whom probate ..... was not done in the conduct of the company s affairs; to amount to oppression such conduct must be unfair or burdensome, haul and wrongful, to the other members of the company or some of them and lack that degree of probity which they were entitled to expect in the conduct of the company s affairs. ..... light of the rules and regulations under the companies act, there are two modes by which shares of a company can be obtained ..... accept existence of such rights and powers in apl and the court which appoints apl has every right to give directions to the joint administrators regarding the property as a mode of equitable relief. .....

Nuddea Tea Co. Ltd. Vs. Asok Kumar Saha and ors.

Court : Kolkata

Reported in : [1988]64CompCas775(Cal)

..... sen has referred to sections 370 and 372 of the indian succession act, 1925, and also referred to article 44 of the articles of association of the company. ..... the company referred to section 370 of the indian succession act, 1925, in this connection. ..... sen refers to sections 370 and 372 of the indian succession act, 1925. ..... sen draws our attention to the provisions of sections 370 and 372 of the indian succession act. ..... sen submits that if it is held by this court that the said transfer deed not being duly stamped nor duly cancelled within the meaning of section 108 of the companies act or section 12 of the indian stamp act, the company cannot be directed to make rectification of the register as prayed for by the respondent, then in that case, it may not be necessary for the court to hold whether the production of the succession certificate or probate or estate duty clearance is necessary or not. ..... the question in this appeal, as we have already noted, is whether the company is bound in law to accept any instrument not duly stamped within the meaning of section 108 of the companies act or section 12 of the indian stamp act, 1899, and to make registration of transfer and rectify the share register.33. ..... sen, learned counsel appearing for the appellant, on reading section 108 of the companies act along with section 12 of the indian stamp act, it appears that there is total statutory prohibition for the company to make a transfer in the circumstances as stated above. .....

Hajon Manick Vs. Bur Singh

Court : Kolkata

Reported in : (1885)ILR11Cal17

..... objection taken was to the effect that the property in suit being situated in british india, the rule of succession applicable to it must be that laid down in the indian succession act (section 5), and not a rule of a foreign state which is repugnant to the laws of british india.13 ..... example, these two villages were found to be the private property of the defendant, and he should die intestate, the villages would probably pass to his heirs, as defined by the indian succession act, and not to those who would be his heirs under the rule of succession obtaining in the khasia states ..... chief in a war between the raja of jyntia and a third chief, the raja of khyram; that from that date the villages in question formed part of the state of cherrapoonjee and were in the possession of successive chiefs of that state down to the death of raja ram sing on the 12th bysak 1282; that during the reign of ram sing the defendant was appointed jubraj or heir-apparent, and in that capacity had ..... heir would appear to have been the defendant bur sing, who is ram sing's mother's sister's son; but bur sing had embraced christianity; and the doloys, therefore, vetoed his succession, and elected the plaintiff, hajon manick, who, it will be seen, belonged to a more distant branch of the family, his maternal grand-mother being a sister of ram sing's maternal grand-mother. ..... seems to have thought that the plaintiff and the defendant stood in the same degree of relationship to the late chief ram singh, but this was not so. .....