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Judiciary

This tag is associated with 5 posts

Hiba -Amongst the Ismaili school of the Shia sect a gift made during death-bed illness by a person is not valid to any extent, when it is made to one of more of several heirs to the exclusion of other legal heirs. On this point, the Shia school of law lays down, the same rule as that of the Hanafi law. 29. In the decision Saira bai w/oAsgar Hussain vs. S.S.Joshi and another reported in AIR 1960 Madhya Pradesh 260 it has been held that under Mohammedan Law, merely because a gift deed has been registered, the same cannot dispense with delivery of possession, which is one of the essential requirements of a valid gift under Mohammedan Law. 30. It is not in dispute that under Mohammedan Law, a gift made during death-bed illness (Marzur muth) is not valid, when it is made to one of several heirs to the exclusion of other heirs. Even in AIR 1936 Mds. 432 (cited supra), the same has been made clear. Even if the gift is given, by way of a registered document, under Mohammedan Law, for a valid gift, delivery of possession is mandatory, which cannot be dispensed with. 31. Therefore, in the light of the decisions referred above, I am of the view that Ex.B2, Settlement Deed had been executed while Abdul Raheem was in his death-bed, counting his days. There is no implied or expressed acceptance of Ex.B2 by the first respondent and the extend of possession and enjoyment of the first item of property by the appellant and the first respondent, would also show that the settlement deed, Ex.B2, has not been acted upon, prior to the death of late Abdul Raheem or subsequently

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.03.2008 CORAM : THE HONBLE MR. JUSTICE S.TAMILVANAN A.S.No.618 of 1996 A.R. Abdul Latheef … Appellant/Plaintiff vs. 1.A.R.Mohammed Iliyas 2.Fathima Bibi 3.Mumtaz Begum 4.Karur Vysya Bank, rep. by its Manager, Peria Kadai Street, Anamalai, Pollachi Taluk. … Respondents/D-1 to 4 Appeal is filed against the … Continue reading

“Under Section 16 of the Hindu Marriage Act children of void marriage are legitimate. Under the Hindu Succession Act, 1956 property of a male Hindu dying intestate devolve firstly on heirs in Clause (1) which include widow and son. Among the widow and son, they all get shares. The second wife taken by deceased Government employee during subsistence cannot be described a widow of deceased employee, their marriage void. Sons of the second wife being the legitimate sons of deceased would be entitled to the property of deceased employee in equal shares along with that of first wife and the sons born from the first marriage. That being the legal position when Hindu male dies intestate, the children of the deceased employee born out of the second wedlock would be entitled to share in the family pension and death-cum-retirement gratuity. The second wife was not entitled to anything and family pension would be admissible to minor children only till they attained majority”.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE K.C.BHANU   CIVIL MISCELLANEOUS APPEAL No. 1215 OF 2008 Between : Sugunamma and others.                                     …APPELLANTS A N D Contral Power Distribution Company of A.P. Ltd. and others.                     …RESPONDENTS            THE HON’BLE SRI JUSTICE … Continue reading

senior civil judge courts of A.P. has got jurisdiction to entertain the cases under Indian succession act=This Court in R.O.C.No.40/So/72.2 – under the provision of Section 19 (1) of the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972) and in super cession of the previous Notification on the subject, authorized all Subordinate Judges (including the Additional Judges in the City Civil Courts) to take cognizance of any proceedings under the Indian Succession Act, 1925, (Act 39 of 1925) which cannot be disposed of by the District Delegates. 3. Therefore, in view of the above proceedings, this Court authorized all the Subordinate Judges to take cognizance of the proceedings under Indian Succession Act. Hence, the impugned order is not in accordance with law and the same is liable to be set aside.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH  AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.46 OF 2010 Between:   Ambadipudi Nagaratnamma ….. APPELLANT AND To whom so ever it may concern ….RESPONDENT     The Court … Continue reading

condonation of delay=Though Section 5 of the Limitation Act, 1963, is always open to be construed liberally and even a feeble explanation showing a shadow of a sufficient cause may be acceptable in view of the need for a decision on any dispute on merits but not on technicalities, the total absence of any allegation of existence of any sufficient cause cannot be condoned even if the person requesting for such condonation is the State itself.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD   FRIDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD C.R.P.M.P.No.5642 of 2011 and C.R.P.(SR).No.23470 of 2011 Between: Government of Andhra Pradesh .. Petitioner AND L. Krishnavardhan Reddy & 5 others .. Respondents The Court made the … Continue reading

no offence under section 307 IPC is made out and further the trial Judge observed that no weapon was used and the allegation is made by the daughter of the defacto complainant. Further there is no reason why the person who intended to commit murder left the defacto complainant without doing away the same and the same is not properly explained and it is borne out from the record that the trial Judge has disbelieved the evidence of PW-1 and when two views are possible and on the basis of the evidence adduced and one view which is in favour of the accused has been considered by the trial and there is no need to interfere with the findings recorded by the learned trial Judge.

IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYEIGHTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.  1303 OF 2010 Between: State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad                                                              …            Appellant V/s.        Vasupalli Nukaraju & Anr.                            …            Respondents Counsel for … Continue reading

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