Court : Karnataka
Decided on : Jul-14-2000
Reported in : AIR2001Kant171; 2001(4)KarLJ31
..... to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the administrator general's act, 1918 and having the debt mentioned therein, or (iii) a succession certificate granted under part x and having the debt specified therein, or (iv) a certificate ..... clause (a), (b) or (c) of section 115 of the civil procedure code. the impugned order cannot be said to suffer from any error of law affecting the jurisdiction. the trial court without going into the question as to whether partition had taken place or not among the heirs has directed the ..... civil procedure code, i find that it provides as under: '146. proceedings by or against representatives.--save as otherwise provided by the code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be ..... and sri javid hussain, learned counsel for respondent 1. 9. the learned counsel for the revision petitioner contended that the trial court erred in law in holding the execution petition to be maintainable even without furnishing or filing of the probate and succession certificate by relying on the single decision of ..... reference to certain decisions and thereafter it held that the objections were frivolous in view of section 146 of the code of civil procedure and the law laid down by this court in t. ramaiah v k.s. roopraj and others. as regards the objection regarding the boundaries, the execution .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-28-2000
Reported in : 2000(4)AWC3270
..... 1958 that an adopted son is like a real son and he was to become owner of the estate under all circumstances. section 5 of punjab laws act. 1872 (act no. iv of 1872) laid down that in question relating to succession, marriage, adoption etc., the rule of decision shall be any custom applicable ..... his case'. this reasoning in kamawati is fallacious. section 29(2) which excludes the applicability of the act if otherwise is provided 'by any law for the time being in force' is as much integral to the act as any other section in part v of the act. where the, language of the statute is clear, the ..... (sacred thread ceremony) or marriage of a hindu cannot be performed until some 'mantras' are chanted by the priest and some 'pooja' is done. generally they are accompanied by exchange of gifts and some feasting. if a man and woman start living together with the best of intentions but without undertaking the ..... therefore, the lahore decision can be of no assistance for resolving the controversy in hand. the learned judge has also referred to oudh estate act, 1869 and sri pratap jammu and kashmir laws consolidation act, 1977, but they are statutory provisions specifically dealing with the subject. my attention has also been drawn to a decision by ..... rites.'this view was adopted by the privy council in one of its earliest decision in sri raghu natha v. sribrozo kishore, (1876) 3 ia 154, and the principle was stated in following words :'it may be the duty of a court of justice administering the hindu .....Tag this Judgment!