...far as they are inconsistent with any of the provisions contained in this Act.”In Kasturi Devi v. Deputy Director of...-respondent was that the suit land belonged to her husband Sadhu Sahu. The defendant is their daughter. Her husband died in the year 1976. After death of her husband, she remarried to Chaitanya Sahu. As widow...Succession Act, 1956 (‘1956 Act’) reads as under:“4. Overriding effect of Act.-(1) Save as otherwise expressly provided in this Act,-(a) Any text, rule or...

...for the plaintiff. However, the following observations in Kasturi Devi v. Deputy Director, Consolidation...1. A pure question of law is involved in this first appeal. It is: whether father's widow is entitled to succeed to the estate of a step-son despite her remarriage before succession opens...?2. The dispute relates to the ancestral estate left by one Kavishwar son of Govind Tonge-a Hindu dying intestate on 23-10-1967. Rival claimants are step-mother Bayabai (defendant No. 1...

...: (AIR 1976 SC 2295) (Smt. Kasturi Devi v. Deputy Director of Consolidation)....sections of the Hindu Succession Act were matters of decision in a Bench decision of this Court, reported in AIR 1976 Cal 272 (...1. This is an appeal against the judgment and decree passed by Shri Amitava Dutta, Additional District Judge, 2nd Court at Alipore in Title Appeal No. 142 of 1966 dated 3rd Sept. 1966...

...Smt. Kasturi Devi v. Deputy Director of Consolidation...(1976) 4 SCC 674 , AIR 1976 SC 2595. I have...deceased-Anil Shenuji Wankhade. He was working as a pointsman with Indian Railways. He was married to present respondent No. 1. Parties will be referred to by their original status before the trial Court...

...“Bai Vajia (dead) by LRs. v. Thakorbhai Chelabhai” AIR 1979 (SC) 993 and “Smt. Kasturi Devi ...case of Smt. Kasturi Devi (Supra), it was held by the Supreme Court that a mother cannot be divested of her interest in the property on the ground of remarriage. The application of bar of inheritance to...to be taken to be the property owned by mother succeeding as heir to her son, the aforesaid judgment titled Smt. Kasturi Devi (Supra) would fully answer the question raised by learned counsel for the...

... Court in the case of Smt. Kasturi Devi v. Deputy Director of of Consolidation and Others...this Court in the case of Antonio Milagres Fernandes (dead) through Legal Representatives v. Pramod Vijayan & Another, [1989(1...Roadways10and Ishwar Devi Malik Smt v. Union of India 11 which take the view that a claim for compensation arising out of the use of a motor vehicle would be ex...

....15. The learned counsel for the respondent has also placed reliance on the judgment of this Court in Kasturi Devi v...: (Kasturi Devi case (1976) 4 SCC 674)“3. We may now examine the contentions raised by the...Karua's property, Kasturi claimed inheritance not as a widow of her husband Madhua but as the mother of Karua. The Deputy Director of Consolidation seemed to think that the bar of inheritance would apply...

...learned counsel for the appellant placed reliance on a decision of a three-Judge Bench in Kasturi Devi v. Dy. Director of Consolidation...Case of Parshanti v. Deputy Director of Consolidation, reported in (1996) 11 SCC...decision in Kasturi Devi case does not apply. In that Case, this Court was not applying the provisions of Section 171(b) of the U.P. law. We are, therefore, of the opinion that the authorities below...

...Kale v. Deputy Director of Consolidation AIR 1976 SC 807, in para 10, the view that family settlement was not required to be registered, was...Adarsh Kumar Goel, J.:— The respondent-plaintiffs filed suit for declaration to the effect that decree dated 24.4.1984, Ex.P.2 suffered by their mother, Smt. Kasturi Devi in favour of the...of her rights by Smt. Kasturi Devi (who was also alive at the time of filing of the suit and who also supported the case of the defendant-appellant) who suffered decree in favour of the appellant...

...up till the date of the accident. By referring to the decision in Kasturi Devi v. Deputy Director of Consolidation...V. Neeladri Rao, J.:— All these four appeals were heard together as they arise out of a common order.2. The point that falls for consideration is: whether the father is...unmarried son died in a motor accident? The facts which give rise to this point are as under: V. Venkatachalamma (the appellant in A.A.O Nos. 1301 and 1303 of 1991) was the wife of V. Subbarayudu (the...

...widow who has remarried. In the case of Smt. Kasturi Devi v. Deputy Director of Consolidation reported in...a subsequent three judges decision of equal strength in the case of Smt. Parshanti v. Deputy Director of Consolidation reported in A.I.R...Smt. Mainia v. Deputy Director of Consolidation reported in 1989 SC 1872 holding that if after remarriage the widow continues to be in possession of the property then ...

...Court considered this aspect in a decision reported in Smt. Kasturi Devi v. Deputy Director of Consolidation...Court also expressed the same view in the case of National Insurance Company Limited rep. by its Branch Manager, Kottai Station Road, Trichy v. Nelphona (2013) 1 ACC...AIR 1976 SC 2595 and observed thus:“We are, however, unable to agree with the view taken by the Deputy Director of Consolidation which appears to be...

...Smt. Kasturi Devi v. Deputy Director of Consolidation 1976 SC 2595 and observed thus:“We are, however, unable...perused the decision reported in National Insurance Company Limited v. Eda Anjanamma (1) ALD 117 cited by R.2 and held that the said decision has no application...Company Limited rep. by its Branch Manager, Kottai Station Road, Trichy v. Nelphona 1 ACC 503 and observed thus:“Under Section 166 of the...

...1976 (4) SCC 674 = 90 L.W 81 S.N (Smt. Kasturi Devi v. Deputy ...A.I.R 1976 Calcutta 356 (Chandi Charon Naskar v. Bhagyadhar Mondal and others), a learned Judge of the Calcutta High Court, in paragraph 6 of the Judg...that on the death of Poomalai, she became entitled to one half of the plaint items and on the death of Saminatha Konar, over his one half share in the suit items she is entitled to 1/3rd share altogether...

...(Smt. Kasturi Devi v. Deputy Director of Consolidation)8, reported in (1976) 4 SC...Lokhande v. The State of Maharashtra)1. A.I.R 1965 S.C 1564. The learned Counsel contended that in absence of proof of custom pleaded in.... 80 referred to in para 2(a), (2) of the plaint and the said Commissioner shall also take accounts in respect of the compensation amount, if any, received by defendant No. 1 together with expenses...

...Jasbliai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed and others, 1976 (1) SCC 671. The relevant portion of the judgment is quoted below...Court Dwarika Prasad Agarwal died on 20.7.1993 and both the wives of Dwarika Prasad Agarwal, namely Smt. Kasturi Devi (first wife) and Smt. Kishori Devi (second wife) moved an application for...substitution. The application moved by Smt. Kishori Devi was allowed and she was substituted in place of Dwarika Prasad Agarwal alongwith her daughters, namely, Hemlata and Anuradha and Smt. Kasturi Devi...

...investigation of the case, on 14.08.2010, the mother of the deceased Kasturi Devi (PW-12) and the brother of the deceased, by name, Anil Kumar (PW-3) approached the police on the basis of news...Rajbir Singh; PW-19 constable Radhey Shyam; and PW-20 Vijender Singh, Deputy Superintendent of Police (Investigating Officer). In defence, on behalf of the accused, DW-1 Rani, widow of Jagdish was...thereon.”25. In Kartik Malhar v. State Of Bihar . (1996) 1 SCC 614 this Court has stated that a close relative...

...judgment namely, Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman and others, 1970 (1) SCC 670 and...". This is because the object of an arrangement is to protect the family from long drawn out litigation, and to bring about harmony and goodwill in the family (see Kale v. Deputy Director of...Consolidation, 1976 (1) SCR 202, 122, 123, 125). The Courts lean heavily in favour of family arrangements and, "matters which would be fatal to the...

..., learned advocate for the respondents referred to earlier decision of the Apex Court in the case of Smt. Kasturi Devi vs. Deputy Director of...1. This appeal arises from the impugned judgment and decree dated 29.9.1979 rendered by the learned Civil Judge (SD) at Palanpur in Special Civil Suit No. 10/66 dismissing the plaintiffs.... 7. The Trial Court framed issues at Ex. 26, they are as under: 1) Whether the plaintiffs no. 1 and 2 are the only heirs of the deceased Anjana Dalji Sardar as the nearest...

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