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1 - 10 of 10 (0.20 seconds)Section 6 in The Government Savings Certificates Act, 1959 [Entire Act]
The Code of Civil Procedure, 1908
Section 42 in The Specific Relief Act, 1963 [Entire Act]
Smt. Sarabati Devi & Anr vs Smt. Usha Devi on 6 December, 1983
(i) The Hon'ble Supreme Court in the case of Sarbati Devi v. Usha Devi [AIR
1984 SC 346] interpreted the role of a nominee in light of the provisions of the
Insurance Act and held:
Shri Vishin N. Khanchandani & Anr vs Vidya Lachmandas Khanchandani & Anr on 16 August, 2000
(ii) In Vishin Khanchandani v. Vidya Khanchandani [AIR 2000 SC 747], a
similar interpretation was given to the role of a nominee with respect to Section 6
of the Government Savings Certificate Act, 1956.Therefore, until this time, though
the provisions in respect of nomination in each statute like insurance, government
savings, cooperative societies etc. may be worded differently, the legal position of
a nominee has been accepted to be that of a trustee and is not considered to be any
kind of testamentary succession.
Shipra Sengupta vs Mridul Sengupta & Ors on 20 August, 2009
(iii) In Shipra Sengupta v. Mridul Sengupta [(2009) 10 SCC 680],where it was
held that the position of nomination is no longer res integra and the nominee is
entitled to receive the benefit, but the amount so received is to be distributed
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according to the laws of succession among the legal heirs.(See:"Nomination
process,therefore, does not override the succession laws." CIVIL APPEAL NO.
Jodh Singh vs Union Of India & Anr on 9 October, 1980
7.6 In Jodh Singh V. Union of India & Anr., [1980] 4 S.C.C. 306, followed.
Smt. Violet Issac And Ors vs Union Of India And Ors on 8 February, 1991
Smt. Violet Issac And Ors vs Union Of India And Ors . 8 February, 1991 SCR (1)
282, wherein the Apex court dealt with case of the death of a Railway employee,
dispute arose among his wife, sons, daughters and brother for the family pension,
gratuity and other emoluments. The brother of the deceased employee filed a civil
suit in-the court of Sub judge for a permanent injunction restraining the
appellants.---the wife, sons and daughter-from claiming or receiving any monetary
benefits from the Railway Administration, contending that by a will dated 9.9.1984
of the deceased employee, he was entitled to receive the benefits to the deceased
employee's widow. The Railway Authority did not pay any amount, as an
injunction had been issued by the Civil Court. The appellants there-upon made an
application before this Tribunal for a direction for the release of the amounts on the
grounds that the will was a forged one, and the beneficiary was not entitled to
receive pensionary benefits. The Tribunal held that since the dispute related to rival
claims based on title arising from relationship, it had no jurisdiction to decide the
same. It also directed transfer of the case to the Civil Court for trial. In the appeal
to Apex Court on the question was: whether family pension payable under the
service rules could be bequeathed by means of a will.
Razia Begum vs Sahebzadi Anwar Begum & Others on 23 May, 1958
Referring to the above preposition, the
Apex Court in RAZIA BEGUM v. SAHEBZADI ANWAR BEGUM
&OTHERS (1959(1) SCR 1111 ) held that in order fora party may be added as a
defendant in the suit, he should have a legal interest in the subject matter of the
litigation-legal interest not as distinguished from an equitable interest, but an
interest that the law recognizes. The question of the addition of parties under 0.
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