Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Succession Act, 1925, Section 371, 5 -- Succession certificate - Amount lying in bank of UK - Deceased was a resident of Mumbai and passed away in Mumbai - Law of succession applicable to deceased's debts, moveable property, securities etc. as lying in Bank in UK, would be regulated by Indian Law as more particularly provided in S.5 of the Act - Objection of testamentary..........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Succession Act, 1925, Section 214(1)(b) -- Succession certificate - Death of DH - Production of succession certificate is mandatory as per S.214(1)(b) of the Act, when DH dies in cases where decree amount comes under category of `debts' or `securities'...........
Succession Act, 1925, Section 214(1)(b) -- Succession certificate - Death of DH - When DH dies after deposit of amount before Court, production of succession certificate is not necessary to withdraw the amount by LRs...........
Succession Act, 1925, Section 214 -- Succession certificate - Death of DH - LRs or Legal heirs are not required to produce succession certificate to proceed with execution proceedings in Land Acquisition cases, motor accident claim cases and cases under Electricity Act to realize compensation amount, as compensation arises out of these cases would not come under purview of..........
Succession Act, 1925, Section 214(1)(b) -- Succession certificate - Death of one of DHs - When one of DHs dies involving `debt' as contemplated u/s 214(1)(b) of the Act, surviving DH can execute decree on his own behalf and on behalf of LR of deceased DH and in such case, succession certificate as per S.214(1)(b) of the Act is not necessary...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application u/s 372 of Succession Act for issuance of succession certificate - Objections against issuance of succession certificate are invited from general public - Application was filed by father of deceased who was entitled for impleadment in view of averments and claim made in application -..........
Succession Act, 1925, Section 372 -- Succession certificate - Territorial jurisdiction - At the time of death deceased was residing at place `S' M.P. - However, properties situated at place `K' within territorial jurisdiction of Court - Impugned order dismissing application set aside...........
