27 January 2020
BOMBAY HIGH COURT ANITA CHANDRAKANT KODKANY…. VS. DR. BAKHTAWAR DASTUR & OTHERS DATED : 21.04.2017 Summarised Judgement (Scroll for Complete Judgement) Introduction: The issue therefore is : Whether the lineal descendants of deceased brothers and sisters shall, in certain events, succeed to the property of the intestate, per stirpes or per capital ? Facts of the Case : Mr. Ardeshir Choksey had six children, two sons and four daughters. Both sons, viz. Mr.Edulji Ardeshir Choksey and Mr.Ratan. Two...
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27 January 2020
BOMBAY HIGH COURT SAM SHAPOOR IRANI VS. NAOMI SAM IRANI DATED : 29.10.2018 Summarised Judgement (Scroll for Complete Judgement) Introduction : Mrs. Irani was married for 10 years, and shared two children with her husband. She sought divorce from him on grounds of cruelty before the Bombay High Court. However, even after two years of filing the petition, the jury was not appointed. Thus faced with the inevitable and prolonged delay in progress of the proceedings, she decided to approach the Apex...
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27 January 2020
KERALA HIGH COURT JOSEPH VS JOSEPH ANNAMMA ON 10 JANUARY, 1979 Summarised Judgement (Scroll for Complete Judgement) Introduction: The plaintiff is the appellant in the Second Appeal. He had filed the suit for an injunction to restrain the defendant-respondent herein from committing waste in the suit properties by cutting and removing valuable trees including yielding rubber trees and/or carry on slaughter tapping and lor other appropriate reliefs. Facts of the Case: The plaintiff is the son of t...
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27 January 2020
MADRAS HIGH COURT P. PATHRAKAH NADACHI VS V. SUBBIAH NADAR ON 19 AUGUST, 1980 Summarised Judgement Introduction: This appeal has been referred to this Bench because Mohan J. before whom it came up for hearing, was of the view that there is a difference of opinion between Ananchaperumal v. Muthiah, 1944 Trav LR 595; (34 Trav LJ 503) (FB) and Shanmughathayee Animal v. Devasahayarn Nadar, AIR 1954 Trav Co 497: ILR (1954) Trav Co 826 (FB), on the question whether custom prevalent among the Hindu Nad...
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27 January 2020
SUPREME COURT OF INDIA MATHEW OOMMEN VS SUSEELA MATHEW ON 3 JANUARY, 2006 Summarised Judgement (Scroll for Complete Judgement) Introduction: The appellant filed a petition for grant of letters of administration in respect of a Will said to have been executed by his father Late K.O. Mathew. K.O. Mathew was a practicing advocate of the local Bar. Facts of the Case: The will in question is said to have been executed on 15.10.1984. The testator died on 24.10.1984. The appellant is the sole beneficia...
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27 January 2020
KERALA HIGH COURT FRANCIS KALATHRON D'CRUS VS SEBASTIAN D'CRUS @ SUNNY D'CRUS ON 29 MARCH, 2007 Summarised Judgement (Scroll for Complete Judgement) Introduction: First respondent plaintiff and second respondent is the first defendant and third respondent 4th defendant in the suit. Second defendant died before filing the second appeal. 4th respondent died during the pendency of the second appeal and as the presence of the legal heirs were not necessary, they were not impleaded. Admittedly 27 cen...
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27 January 2020
MADRAS HIGH COURT WILLS PADMA (DIED) VS CHARLES JEYA THILAK ON 4 SEPTEMBER, 2018 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: The legal heirs of the second defendant in O.S.No.38 of 2004 are the appellants. The legal heirs of the plaintiff are the first, second and third respondents. The first defendant, who was the fourth respondent, died pending the second appeal and her legal heirs had been impleaded as fifth and sixth respondents. During the pendency of the appeal,...
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27 January 2020
PUNJAB - HARYANA HIGH COURT PRITAM SINGH VS ASSISTANT CONTROLLER OF ESTATE ... ON 1 DECEMBER, 1975 Summarised Judgement (Scroll for Complete Judgement) Introduction: This is a petition filed under Article 226 of the Constitution of India by Pritam Singh, petitioner, to quash the notice dated October 8, 1974, annexure "P-2" to the writ petition, issued by the respondent, Assistant Controller of Estate Duty, Patiala, directing him to file a statement of all the property chargeable to estate duty o...
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27 January 2020
MADRAS HIGH COURT THE DISTRICT COLLECTOR, THE ... VS RAMALINGA NAIDU ON 12 FEBRUARY, 2007 Summarised Judgement (Scroll for Complete Judgement) Intrdouction: This appeal has been preferred against the decree and judgment in A.S. No. 28 of 1993 on the file of the Court of Subordinate Judge, Villupuram. The Defendant in O.S. No. 327/1996 of the file of the Court of District Munsif, Thirukoilur, is the appellant herein. The plaintiff has filed the suit for recovery of Rs. 4,125/- and also for an ord...
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27 January 2020
SUPREME COURT KANWARJIT SINGH DHILLON VS HARDYAL SINGH DHILLON AND ORS ON 12 OCTOBER, 2007 Summarised Judgement (Scroll for Complete Judgement) Introduction: This appeal is directed against the judgment and final order dated 22nd of March, 2004 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No.3861 of 2002 whereby an order dated 18th of January, 2000 of the learned Civil Judge, Jallandhar, dismissing a suit for declaration and permanent injunction of the appellant...
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