Succession Act, 1925, Section 372 -- Legal heir certificate - Deceased had two wives during his life time - Parties will have to approach Civil Court seeking Legal heir certificate...........
Succession Act, 1925, Section 372 -- Legal heir certificate - When a brother and sister apply for legal heirship certificate of their deceased brother or sister who died without leaving any Class-I heir, then same can be examined by Tahsildar and Legal heirship certificate can be issued if there were no rival claimants - However, if there are rival claimants even among..........
Succession Act, 1925, Section 388(2), 384, 372 -- Succession certificate - Appeal - Once jurisdiction to take cognizance and to decide a petition for grant of succession certificate is invested by State Government in a Court inferior in grade to District Judge, by virtue of S.388(2) Proviso of the Act, it is District Judge alone who is competent to entertain and decide..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Maintainability - Victim is not disabled - Informant who is father of victim cannot maintain appeal - Appeal dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by Class-II legal heirs of deceased - Revenue authority rejected the claim of petitioners solely on basis that as per Circular no.9 of 2019, petitioner have to approach competent civil Court for redressing their grievance - However, revenue Inspector could conduct an enquiry with relatives and neighbours..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Succession Act, 1925, Section 372 -- Succession certificate - Exemption from furnishing surety bond - Petitioner is sole legal heir and beneficiary of his parent's estate - Since there being no objections from any quarter, is thus, exempted from furnishing a surety - Succession certificate directed to be issued expeditiously to petitioner...........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by brother of deceased - Objected by alleged husband of deceased - Deceased working as headmaster in Government Primary School, died in harness - She during her lifetime had declared her brother as her nominee, which fact is corroborated by Junior Auditor of concerned department - Claim of alleged..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 372, 218, 278 -- Transfer of petition - Transfer of petition sought to Court where a petition seeking letters of administration in respect of same assets was pending - Assets involved is identical in both the petitions and parties are also broadly the same - In order to avoid conflicting judgments and..........
