Showing : 101-110 of 167 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Succession Act, 1925, Section 276(2)-- Testator lived in Delhi and left a will in favour of his wife in respect of property at Delhi - Wife applied for probate of Will before Panchkula court - Testator had no fixed place of abode at Panchkula nor he had any property within the jurisdiction of Panchkula Court - Held, Panchkula Court had..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89-- Scope - After completion of pleadings, to consider recourse to ADR process is mandatory - Actual reference to ADR process in all cases is not mandatory - In cases falling under an excluded category there need not be reference to ADR process viz. (i) Representative suits under Order 1 Rule 8 CPC;..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Succession Act, 1925, Section 230, 229-- Will - Executor - Executor acting hostile to interest of testator and contrary to directions contained in the Will - Executor as such does not lose right to apply for probate - There is no deemed renunciation when executor acts contrary to directions contained in the Will - Renunciation has to be..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213-- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Succession Act, 1925, Section 276, 264-- Will - Christina - Probate - Application for grant of probate of Will executed by a Christian is maintainable before Court of District Judge...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Eviction petition - Impleading L.R's of deceased landlord - A person coming on the basis of Will has to be impleaded as a party alongwith natural heirs without deciding the genuineness of Will - In case an eviction order is passed the same will be subject to grant of probate in his favour - In the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5-- Impleading of legal representatives - Determination of question as to who is the legal representative is only for the purposes of bringing legal representatives on record for the conducting of those legal proceedings only and does not operate as res judicata and the inter se dispute between the..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Succession Act, 1925, Section 276-- Probate petition - Question as to title - Court cannot decide question of title, ownership or any such disputes - Remedy lies elsewhere...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Succession Act, 1925, Section 276, Limitation Act, 1963, Article 137-- Article 137 Limitation Act is applicable to a petition for grant of probate or letters of Administration...........

Showing : 101-110 of 167 Results