Search Results for "Indian Succession Act"

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Search Results for "Indian Succession Act"

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Supreme Court

Supreme Court Allows Appeal by Defendants in Property Dispute, Reinstating Dismissal of Suit for Lack of Proof of Oral Partition and Will. High Court's Decree Set Aside as Perverse and Beyond Scope of Second Appeal Under Section 100 CPC, with Findings Based on Irrelevant Documentary Evidence.

3 Jan 2024

The dispute involved a property claim by the plaintiffs, who sought a declaration that a sale deed executed by the first defendant in favor of the sec...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Dismisses Appeal in Letters of Administration Case Under Indian Succession Act, 1925. The court upheld concurrent findings that the will was genuine and properly proved, rejecting arguments based on delay and inapplicability of presumption under Section 90 of the Evidence Act, 1872.

14 Mar 2023

The appeal arose from a judgment of the Calcutta High Court affirming a trial court decree granting letters of administration under Section 278 of the...

Supreme Court

Supreme Court Allows Appeal in Probate Case, Reinstating District Court's Grant of Probate for Two Wills. The Court Held That Alleged Suspicious Circumstances, Including Exclusion of a Daughter and Delay in Probate, Were Insufficient to Invalidate the Wills Under the Indian Succession Act, 1925, Especially Given the Father's Attestation of the Mother's Will and Reference to It in His Registered Will.

30 Mar 2022

The dispute involved a probate proceeding concerning two Wills executed by a married couple, Mannar Reddiar and Adhilakshmiammal. The mother executed ...

Supreme Court

Supreme Court Dismisses Appeals in Indian Succession Act Case Upholding Revocation of Letters of Administration. Revocation was justified under Section 263 as proceedings were defective in substance due to non-impleadment of all legal heirs, constituting just cause as per Explanation (a) and Illustration (ii).

9 Mar 2022

The dispute arose from appeals challenging an order dated 05.11.2008 that allowed an appeal under Section 299 of the Indian Succession Act, 1925, revo...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

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