28 January 2020
ALLAHABAD HIGH COURT RANBIR KARAM SINGH VS JOGINDRA CHANDRA BHATTACHARJI, DATED: 01-11-1939 Summarised Judgement (Scroll for Complete Judgement) Introduction: This is an appeal by defendant 1. The plaintiff's suit was that it be declared that defendant 1 is neither the adopted son of the deceased, Mrs. Surendri Helen Karam Singh or her husband, nor is the legal heir to her estate in the hands of the Administrator-General and Official Trustee, United Provinces, Allahabad, which is divisible accor...
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28 January 2020
KERALA HIGH COURT O.YOHANNAN VS VERONICA, DATED: 25 AUGUST, 2009 Summarised Judgement (Scroll for Complete Judgement) Introduction: The appeal arises from the judgment and decree dated 21.5.1998 in AS No.47/89 of this court against OS No.37/87 of the Sub Court, Sulthan Bathery, decreeing the suit for partition, instituted by the respondent as plaintiff. Facts of the Case: The appellant is the defendant in the said suit. Both the appellant and the respondent plaintiff are brother and sister. They...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Fact of the Case: Jag Mohan Swarup who was governed by the Hindu Succession Act, 1956 died intestate on June 15, 1967 leaving behind his son, Alok Kumar (plaintiff No. 2), his widow Usha Devi (defendant) and his mother Sarbati Devi (plaintiff No. 1) as his heirs. He had during his lifetime taken out two insurance policies for Rs. 10,000 each and had nominated under section 39 of the Act his wife Usha Devi as the person to whom the amount was p...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Fact of the Case The Plaintiff married one Nitin Kokate on 3rd December 2004. Her husband expired on 5th July 2007. Nitin Kokate held certain shares in D- mat Account with the Depository Participant Cell of Defendant No.1. Her husband executed a nomination in the prescribed form following the prescribed procedure set out by the Depository Participant, Defendant No.1 Bank in favour of the Defendant No.3, his nephew on 11th July 2006. The Plaint...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Fact of the Case Appellant who was the nominee in the bank account held by his deceased mother claims full rights over the money lying in the account, to the exclusion of the respondent who is none else than his full brother. The claim is based on section 45 ZA of the Banking Regulation Act, which according to him, makes the nominee of the depositor the sole beneficiary, vested with all the rights of sole depositor. Mr. Swetank Shantanu, couns...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Fact of the Case: Salgaonkar (Suit No.503 of 2014) is an action for administration of the estate of one Jayant Shivram Salgaonkar. The Plaintiff's Notice of Motion No. 822 of 2014 seeks reliefs in respect of his estate described in the list at Exhibit "A" to the Plaint. Item 9 of that list speaks of investments in Mutual Funds, etc. These are detailed in Exhibit "D" to the Plaint. This is a list of various investments in Mutual Funds and it sh...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Introduction: The issue which arises for consideration in this group of Appeals is whether the view taken by the learned Single Judge in the case of Harsha Nitin Kokate v. The Saraswat Co-operative Bank Limited and Others is correct. In Harsha Nitin Kokate's case, in paragraphs 24 and 25, it was held thus: In the light of these judgments section 109A of the Companies Act is required to be interpreted with regard to the vesting of the shares of...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: The facts leading to the present appeal by defendant No. 1 may be stated in brief as follows: One Srimati Manorama Mazumdar, widow of Girish Chandra Mazumdar, the d on the 25th of April, 1936 leaving three daughters, Srimati Nirmala, Srimati Urmila and Srimati Amala. She had two other daughters, Srimati Framila and Srimati Simla who had predeceased her. Of the three surviving daughters. Srimati Amala the d on the 19th July,...
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27 January 2020
Summarised Judgement(Scroll for Complete Judgement) Question of Law: The question referred to this larger Bench is one of great importance in respect of the rights of inheritance to females governed by the Marumakkathayam law in Kerala. The question is whether Section 17 of the Hindu Succession Act, 1956 which deals with succession to females continues to be in force and operative notwithstanding the commencement of the Kerala Joint Hindu Family System (Abolition) Act, 1975 (hereinafter referred...
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27 January 2020
Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: This is a succession petition filed by the petitioner Smt. Ashrafi Devi for the grant of Succession Certificate in her favour, in respect of debts and securities left behind by his deceased son Sh. Krishan Kumar, who died at Delhi on 15.03.2006, leaving behind besides petitioner, his widow and a daughter namely Smt. Gayatri (Jud./P.No.484 of 06/dtd.16.09.08/Smt. Ashrafi Devi Vs. State/total pages (6)/KK) Devi and Ms. Pratikc...
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