Succession Act, 1925, Section 372, 383 -- Succession Certificate - Revocation - Where an application is defective or material facts have been suppressed or misstated, certificate issued pursuant thereto is liable to be revoked u/s 383 of the Act...........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Indian Penal Code, 1860, Section 383 -- Extortion - Forcibly taking any property will not come under the definition of extortion as defined u/s 383 IPC - It has to be shown that the person was induced to part with the property by putting him in fear of injury...........
Ranbir Penal Code, 1989, Section 341, 383 -- Offence u/ss 341, 383 RPC - Quashing of FIR - Compromise - Parties have settled their dispute amicably out of their own free will and without any external pressure or coercion - Offence in question does not fall within offences of heinous nature of mental depravity - Even complainant has no objection if FIR is quashed - FIR..........
Criminal Procedure Code, 1973, Section 378, 382, 383, 384, 385, 386 -- Appeal - It is to be decided on merit after perusal of lower Court record if appeal is not dismissed summarily...........
Succession Act, 1925, Section 383 -- Revocation of Succession Certificate - Certificate so granted could only be revoked for the reasons set out in S.383 of the Act - Respondent have no interest whatsoever, as he is neither a family member of owner of property nor a lineal descendent in setting aside Succession Certificate so granted - Appellant is the only living lineal..........
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..........
Constitution of India, 1950, Article 227, Succession Act, 1925, Section 384, 383, 389 -- Succession certificate - Revision - Maintainability - Subordinate Court can not go beyond jurisdiction - High Court can exercise its supervisory jurisdiction and remedy if the injustice caused - Admittedly, petitioner were parties to S.O.P and succession granted to respondent would..........
Constitution of India, 1950, Article 227, Succession Act, 1925, Section 383, 384 -- Succession certificate - Revision - Maintainability - Remedy u/art.227 of Constitution is extraordinary remedy and not a substitute for an appeal - There was clear transgression of jurisdiction to grant succession - Errors can be corrected in a petition u/art.227 of Constitution even if an..........
Succession Act, 1925, Section 372, 383 -- Succession certificate - Revocation - Required details for succession certificate not furnished except disclosing of divorce between deceased and non applicant and that whereabouts of non applicant not known for 12 years - Non applicants necessary party - Succession proceedings vitiated for non impleading of non applicant -..........
