Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques issued on behalf of Hindu Undivided Family - Cheques signed by the person who has no authority, though he is a relative of the Karta and the complainant - Held, signatory of the cheque rightly acquitted...........
Agreement to sell -- Specific performance - Joint Hindu Family Property - Agreement entered into by Karta - It is not necessary to recite in the agreement that the agreement is on behalf of coparceners of the Joint Hindu Family...........
Agreement to sell -- Specific performance - Joint Hindu Family Property - Agreement entered into by Karta - Karta of a Hindu Undivided Family has a right to alienate the Joint Hindu Family Property for the benefit of the estate and/or legal necessity - Such alienation is binding on all the coparceners including the minors...........
Hindu Law -- Karta - A Karta of a Joint Hindu Family Property is not required to be appointed by the coparceners - By fiction of law and his status in the family, the oldest male member acts as a Karta...........
Joint Hindu Family -- Suit for eviction - Filing of suit in the absence of Karta of HUF - Karta of HUF living in U.K. for a long time - Not in a position to discharge his duties as Karta of HUF due to his absence from India - In these circumstances Junior member of HUF can deal with Joint Family Property and he can act as Karta of the same - Also power of attorney was..........
Hindu Law -- Joint Family Property - Alienation by Karta of HUF - Karta can alienate Joint Family Property so as to bind the interests of adult and minor coparceners provided the same is made for legal necessity, benefit of estate or for meeting antecedent debt - Where adult members are in existence then decision of alienation is not of Karta alone but of all the adult..........
Hindu Law -- Joint Hindu Family - Karta - Senior member may give up his right, and a junior member of the family can act as the karta with consent of all the other members...........
Hindu Law -- Joint Hindu Family - Karta - Position of karta is acquired by birth, regulated by seniority, subject to his capacity to act, is terminable either by resignation or relinquishment - On the death of karta, the next seniormost member of the family will automatically be the karta till such time that the family decides to confer the authority on specified member of..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- (Amended in Haryana) - Joint Hindu Family Property - Challenge to the sale deed executed by the Karta - Court fee not payable on the market value mentioned in the sale deed - Court fee payable in terms of sec. 7(iv)(c) and quantified u/s 7(v) of the Act...........
Specific Relief Act, 1963, Section 19, Hindu Law -- Joint Hindu Family Property - Alienation by Karta - Permanent Injunction - No injunction can be granted to coparcener for restraining the Karta of Joint Hindu Family property from alienating the coparcenary property - Coparcener has right only to challenge the alienation after execution of sale deed by Karta on the ground..........
