Constitution of India, 1950, Article 227, Succession Act, 1925, Section 384, 383 -- Succession certificate - Grant of - Revocation of grant of succession certificate - Power u/s 383 of the Act is discretionary and is granted by Court of competent jurisdiction - Merely because such applications are filed, cannot be an impediment to exercise jurisdiction u/art.227 of..........
Evidence Act, 1872, Section 102, Indian Contract Act, 1872, Section 16(3) -- Will - Revocation - Defendant beneficiary of revocation deed - Burden of proof is on defendant to prove as to under what circumstances testator got revocation deed executed which was against the interest of his daughters and in favour of defendant, who was in custody of revocation deed - Defendant..........
Arms Act, 1959, Section 17(3) -- Revocation of Arms licence - Absence of appearance/notice not entitle licensing authority to cancel the licences u/s 17(3) of the Act, particularly when none of conditions of S.17(3) of the Act is violated by petitioner...........
Arms Act, 1959, Section 17(3) -- Revocation of Arms licence - Mere pendency of criminal case/appeal against petitioner, would not entitled licensing authority to cancel the licence of petitioner, particularly when no fire arm is used in said criminal case and none of conditions of S.17(3) of the Act is violated by petitioner...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by branding him to be licensee - Suit is..........
Will -- Two Wills - Earlier Will registered - In order to prevail the last Will over earlier one, reference of revocation of earlier Will is necessary in later Will...........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Non-issuance of citation at the place where property is situated - Does not amount to rendering the proceedings defective in substance, as all the parties including owner of property reside at Mangalore, testator left behind his Will at Mangalore, more particularly, when plaintiff kept quiet for 36 long..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Probate challenged on the ground that probate granted in `common form' and not in `solemn form' - `Common form' of grant of probate, as granted in England is not available in India - Hence it was solemn form only - Moreover, since plaintiff approached Court of Law, and her application for revocation of..........
Limitation Act, 1963, Article 137, Succession Act, 1925, Section 263 -- Limitation - Revocation of probate - Sought after 36 years of grant of probate - Limitation to revoke probate is three years as prescribed u/art 137 of Limitation Act, in the absence of any specific provision for Limitation under the Limitation Act - Plaintiff though minor at the time of grant of..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Just cause - Bald allegations made by plaintiff that grant of probate was obtained by fraud - Particulars of fraud neither pleaded nor proved by party alleging fraud before District Court - Mere bald pleading will not help plaintiff in the absence of proof - Moreover, Will remained unquestioned till filing..........