Ashok Baury Vs State
.... not arise; (v) a partition suit with respect to the said immovable property was already pending consideration; (vi) the petitioner had got relinquishment deeds executed in his favour from his sisters and which also falsifies the existence of any Will; if there was any Will, there was no need for ...
Delhi High Court
P.C. Sebastian Vs P.C. Chacko and Others
.... se even of clear words, and to supply the place of express words, in cases of difficulty or ambiguity." (1) Resolving ambiguity: If the court is faced with a choice between two (or more) possible meanings of an ambiguous word or phrase (e.g. the word "money"), the court determines the meaning int ...
High Court Of Kerala
Junas Amrit Theophil Tirkey Vs Anandini Tigga and Others
.... am not inclined to hold that the probate case is not maintainable, keeping in view, the notification No. 550 dated 2.5.1913, issued by the Home Department, Government of India. I am inclined to hold that the probate case is maintainable. The prayer of the Petitioner for grant of probate with refere ...
Jharkhand High Court
Sunita Shivdasani Vs Geeta Gidwani and Another
.... maintenance of which, but for the application of these sections, he could not deprive them by will. 2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property any interest which he could not have created before the first day of September 1870. 3. Not ...
Delhi High Court
Captain Jagdish Chandra Varshney Vs Smt. Muni Varshney and Another
.... tion of his dues. It was held that even if the society is not a corporation in the full sense, it certainly is a legally person. The Court, however, felt itself bound by the judgment in Benares Hindu University Vs. Gauri Dutt Joshi, and did not disagree with the judgment while dismissing the appe ...
Allahabad High Court
John Vallamattom and Another Vs Union of India (UOI)
.... rbidden both in our domestic law as also international law. Even right of women to derive interest in a property by way of inheritance, gift or bequeath is statutorily accepted by reason of Hindu Succession Act, 1956 and other enactments. This court, therefore, while considering constitutionality of ...
Supreme Court of India
Parukutty Amma and Others Vs Parukutty Amma and Others
.... it cannot be said that any error has been committed by that court warranting interference by this Court under Sec. 115 of the Code of Civil Procedure. Mr. K.T. Sankaran, counsel appearing for the nieces on the other hand contended that what was involved was the entitlement to the Succession Certific ...
High Court Of Kerala
Pappoo, V.J. Vs K.J. Kuruvilla and Others
.... for the Defendants on the basis of so-called interpolation in page 5 of Exhibit A-2. Towards the bottom of that page, certain lines are written without the spacing seen in the earlier part. So, according to counsel, the bottom portion of page 5 was written at a later time, even without the knowledge ...
High Court Of Kerala
Shanti Devi Vs Maya Devi and Others
.... ndisposed. 7. Sections 74 - 111 contained in Chapter VI of the Indian Succession Act 1925 (hereinafter referred to as the Act) deals with the construction of the Will as also the lapse of legacies. Two cardinal principles are to be observed in the construction of the Wills, namely, the rule of la ...
High Court of Himachal Pradesh
Luisa Tirkey Vs Joseph Ekka
.... were exempted persons within the meaning of the said Act. However, in terms of Section 218of the said Act an order for administration of the properties can be granted even in relation to an exempted person. 16. Section 218of the said Act reads as follows:-- To whom administration may be gra ...
Patna High Court
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