...section 306, Indian Succession Act, 1925 and observed that this section expresses a qualification of the maxim actio personalis moritur cum persona to the extent that the ...by him does not, therefore, affect the liability of his estate”The scope of the provisions of section 306, Indian Succession Act and the maxim “actio.... (as he then was) relying on section 305, Indian Succession Act held that the right to sue did not survive to the legal heirs, the claim being personal to the deceased. The...

...held on the basis of the principle contained in section 306 of the Indian Succession Act, 1925, that on the death of the claimant who had suffered the personal injury i...counsel appearing for the appellants/claimants, on the other hand, submitted that this was not the principle laid down in section 306 of the Indian Succession Act, 1925...in any case, the provision of section 306 of the Indian Succession Act, 1925, did not apply to a claim case for personal injury filed under the...

....6. So far as this country is concerned, which causes of action survive and which abate is laid down in Section 306 of the Indian Succession Act, 1925, which provides as...enjoyed or granting it would be nugatory.”Section 306 speaks of an action and not of an appeal. Reading Section 306 along with Rules 1 and 11 of Order 22 of...defend and is, therefore, entitled to be substituted in place of the deceased respondent plaintiff.8. Section 306 further speaks only of executors and administrators but on...

...survive to his legal representatives?”After taking into consideration Section 166 of Motor Vehicles Act, 1988, Section 306 of Indian Succession Act, ...306 of Indian Succession Act, 1925, legal representative of the claimant who suffered personal injury would only be entitled for loss of estate and the rest of the claim shall be abated...objected by respondent No. 3 on the ground that, the appeal under Motor Vehicle Act for enhancement by injured person on his death does not survive. It is urged that in view of Section...

...urged that in view of Section 306 of Indian Succession Act, 1925, legal representative of the claimant who suffered personal injury would only be entitled for loss of es...306 of Indian Succession Act, 1925, and Section 1 of the legal representatives suits Act, 1855, held:“Thus, in a case of personal injury not resulting in death the...personal injuries filed under Section 166 of the Motor Vehicles Act, 1988, except as regards the estate of the claimant...

...- in - interest of a suitor if the claim is in respect of some property, based on contract etc. and except in the circumstances mentioned in section 306, Indian Succession Act 1925, which reads as.... [II (2003) CPJ 28 (NC)]." That case was decided by this Commission on a consideration and interpretation of section 4 and 6 of the Transfer of Property Act, 1882. The Commission considered...under:- "306. Demands and rights of action of or against deceased survive to and against executor or administrator - All demands whatsoever and all rights to prosecute or defend any action or special...

...circumstances mentioned in section 306, Indian Succession Act 1925, which reads as under:- "306. Demands and rights of action of or against deceased survive to and against executor or adm...section 4 and 6 of the Transfer of Property Act, 1882. The Commission considered that the claim for compensation arising on account of negligence and deficiency in medical treatment was a claim of...administrators; except causes of action for defamation, assault, as defined on the Indian Penal Code (45 of 1860) or other personal injuries not causing the death of the party; and except also cases...

...- interest of a suitor if the claim is in respect of some property, based on contract etc. and except in the circumstances mentioned in section 306, Indian Succession Act 1925, which reads as unde...(2003) CPJ 28 (NC)]." That case was decided by this Commission on a consideration and interpretation of section 4 and 6 of the Transfer of Property Act, 1882. The Commission considered that...:- "306. Demands and rights of action of or against deceased survive to and against executor or administrator - All demands whatsoever and all rights to prosecute or defend any action or special...

...the amendment to Section 306 of the Indian Succession Act, 1925 as well as Section 166 of the Motor Vehicles Act, 1988 to provide for initiation/ conti...Manager, I.L.R. 1990 Kant. 4300 (F.B.) in which the 'Full Bench recommended that the provisions of Section 306 of the Indian Succession Act, 1925 and of...recommendations : "We shall, therefore, deal with these amendments in seriatum : (A) Section 06 of the Indian Succession Act, 1925 and illustr...

...Section 306 of the Indian Succession Act, 1925 (in short 'the I.S. Act'). Therefore, the observations of the Division Bench in para 3 of the Order of Reference ... "The Full Bench, relying on Section 306 of the Indian Succession Act, 1925 which provides that in regard to cause of action for pe...personalis moritur cum persona' as embodied in Section 306 of the Succession Act since applies to India, a claim by...

...Procedure does not apply to proceedings under the Motor Vehicles Act. Section 306 of the Indian Succession Act, 1925 has no application as no executor or administrator was appointed to th...his application. His widow Dhani Devi succeeded to the possession of the transport vehicles left by him and accordingly under Section 61(2) of the Motor Vehicles Act, 1939, the Regional Transport...with the provisions of the Act. If he dies after obtaining the permit, the Regional Transport Authority has power under Section 61(2) to transfer the permit to the person succeeding to the possession...

...UTTAM KUMAR (DECEASED) VS MADHAV AND ANR. 2002 ACJ 1828 has held that the common law rule 'actio personalis moritur cum persona' as embodied in Section 306 of ...administrators (or legal representatives) since Section 306 of the Indian Succession Act, in express terms, declares that the cause of action in favour of a person for personal injuries (tort) does not sur..., THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act, for short) has been filed by the...

.... Section 102 of the Act provides that notwithstanding anything contained in Section 306 of the Indian Succession Act, 1925, the death of a person in whose favour a certificate o...legal representatives for whose benefit an application may be filed under Section 110-A of the Act have to be done in accordance with well-known principles of law. We should remember that in an Indian...appeal before the High Court of Gujarat under Section 110-D of the Act. That appeal was dismissed. This special leave petition is filed against the judgment of the High Court...

...common rule has been modified by the Law Reform (Miscellaneous Provisions) Act, 1970 in England. So far as India is concerned, Section 306 of the Indian ...be enjoyed or granting it would be nugatory. It is clear from Section 306 of the Indian Succession Act, 1925 that so far as causes of action which are...Nair. 1986 ACJ 440 (SC), has relied on the text of Section 306 of the Indian Succession Act, 1925, for holding that the person who had right to the...

...legal representatives of an injured claimant could pursue the petition in terms of section 306 of the Indian Succession Act, 1925. section 306 of the ...section 306 of the Indian Succession Act, 1925. Therefore, to say that the legal representatives are entitled to claim interest only on the date of death of injured/dece...in Indian Penal Code, 1860 or other persons injuries not causing death of the party, the matter would/be governed by section 306 of the Indian Succession Act. There cann...

...action does not survive, when the death of the injured was not due to the accident injury, (Indian) Succession Act (1925), Section 306.Right of action of, or against dec...with English principle, it may be given effect to in India to the extent it has been recognised in Section 306 of Indian Succession Act 1925. English Common Law is appli...has been recognised in Section 306 of Indian Succession Act 1925. English Common Law is applied to India in the absence of any statutory provision and on its consonance ...

...causing pecuniary loss to the estate.11. In Maimuna Begum (supra) the defence under Section 306 of the Indian Succession Act, 1925 on the old English Common Law ...maxim “actio personalis moritur cum persona” on which Section 306 of the Indian Evidence Act (sic Indian Succession Act) is based cannot have an applicability in all actions even in an ca...under Section 166(1)(a) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’). The Motor Accidents Claims Tribunal on 02.11.2006 awarded him a sum of Rs. 1,00,000/- only with 9...

...Section 155 of the Motor Vehicles Act. Section 155 reads as under:-“Effect of death on certain causes of action.-Notwithstand....”2. Section 155 of the Act 1989 is brought out in content through Sections 96 and 102 of the 1939 Act. The issue relating to the liability of the insurer when the insured died was considered by...of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which...

...question which does not find an answer in the aforesaid statutory provisions of the Act.5. Section 306 of the Indian Succession Act, 1925, which bears on the said question,...” (“A personal action dies with the person”), has held that in so far as this Country is concerned, which causes of action survive and which abate is laid down in Section 306 of the Indian Succession Act, ...Succession Act”) (Para 6 of the Report). Again, it has held that Section 306 of the Succession Act...

...considered the provisions of Section 306 of the Indian Succession Act, 1925, Section - 13 - 166 of ...amend Section 306 of the Indian Succession Act, 1925, Section 306 of the Indian Succession (Karnataka Amendment) Act, 2014 was amended. The amendment o...as under : "2. Amendment of section 306.- In section 306 of the Indian succession Act, 1925 (Central Act 39 ...