TaxTMI 
TaxTMI 
2009 (7) TMI 1213
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....respondent is said to have entered into a wedlock with the deceased on 3.12.1984. Subramanya died on 22.9.1988. 2. Respondent Nos. 2 and 3 are said to be the sons of the deceased Subramanya and the first respondent herein. The respondents filed an application for grant of succession certificate in their favour in terms of Section 372 of the Indian Succession Act, 1925 (for short, "the Act") in the Court of Civil Judge, Sagar in respect of the scheduled debts. The said application was marked as P & S.C. 3/89. Appellant admittedly being the mother of the deceased filed an application for being impleaded as a party therein, which was allowed. She objected to the grant of the said succession certificate contending that the deceased was not mar....
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.... Additional District Judge. By reason of a judgment and order dated 1.3.2004, the learned First Appellate Court opined that the appellant was entitled to 1/4th share in the estate of the deceased while upholding the judgment and order of the learned trial judge that the marriage by and between the deceased and the first respondent was valid and the respondent Nos. 2 and 3 were their sons. 5. Still not satisfied, the appellant preferred Civil Revision Petition No. 1115 of 2004 before the High Court which by reason of the impugned judgment has been dismissed. 6. Mr. O.P. Chaturvedi, learned counsel appearing on behalf of the appellant would contend that the courts below committed a serious error in passing the impugned judgments insofar as ....
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.... the deceased Subramanya and the first respondent is essentially a question of fact. In arriving at a finding of fact indisputably the learned trial judge was not only entitled to analyze the evidences brought on record by the parties hereto so as to come to a conclusion as to whether all the ingredients of a valid marriage as contained in Section 5 of the Hindu Marriage Act, 1955 stand established or not; a presumption of a valid marriage having regard to the fact that they had been residing together for a long time and has been accepted in the society as husband and wife, could also be drawn. It is true, as has been contended by Mr. Chaturvedi, that the appellant had brought on record certain documents to show that the deceased in the ye....
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....conduct and private business. The court may presume the existence of any fact which it thinks likely to have occurred. Reading the provisions of Sections 50 and 114 of the Evidence Act together, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case. 12. A number of judicial pronouncements have been made on this aspect of the matter. The Privy Council, on two occasions, considered the scope of the presumption that could be drawn as to the relationship of marriage between two persons living together. In first of them i.e. Andrahennedige Dinohamy v. ....
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....rove that no marriage has taken place. 11. There is another aspect of the matter which cannot be lost sight of. Section 39 of the Insurance Act, 1938 enables the holder of a policy, while effecting the same, to nominate a person to whom the money secured by the policy shall be paid in the event of his death. The effect of such nomination was considered by this Court in Vishin N. Khanchandani & Anr. Vs. Vidya Lachmandas Khanchandani & Anr. [(2000) 6 SCC 724] wherein the law has been laid down in the following terms: "....The nomination only indicated the hand which was authorised to receive the amount on the payment of which the insurer got a valid discharge of its liability under the policy. The policy-holder continued to have an interest....