Hindu Succession Act, 1956, Section 14(1), (2) -- Property of female Hindu - Any acquisition or possession of property, not right, by female Hindu after coming into force of the Act will not normally attract the provisions of Sec. 14(1) - It depends on nature of right acquired by her - Female taking property as heir under Act, she holds it absolutely - Property received..........
Hindu Succession Act, 1956, Section 8, 14(1) -- Male Hindu died after coming into force of the Act - Property devolves on widow as class 1 heir without any limitation on her title or limit to her estate - Sec. 14 (1) has no scope of operation - Widow get absolute estate without aid of Section 14 (1)...........
Haryana Canal and Drainage Act, 1974, Section 55(i) -- Hearing to aggrieved party - Challenge to change of wari and digging of water course by canal Authorities - Water course to be dug out of land of petitioner - Sec. 55(1) casts duty upon Deputy Collector to pass orders only regarding use of distribution of water after making enquiry into matter and giving notices to all..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4 -- Application filed by widow claiming to be additional legal representative of deceased - Opposed by other legal heirs on the ground that in view of Sec. 34 of Hindu Succession Act after re-marriage widow of pre-deceased son has no right of inheritance - Sec. 34 stands..........
Civil Procedure Code, 1908, Section 92, 115 -- Order as to maintainability of suit u/s 92 - Whether revisable u/s 115? - Suit filed claiming relief in relation to public trust - Application seeking leave to institute suit u/s 92 - Preliminary issue framed regarding maintainability of suit, as framed, in terms of sec. 92 - Trial Court holding suit maintainable - Revision..........
Court Fees Act, 1870, Section 7(i) -- Damages - Ad-valorem Court fee - Suit for damages on account of death due to electrocution - Damages of Rs. 20 lacs claimed - Value of suit for the purpose of Court fee & jurisdiction fixed at Rs. 500/- - Court fee of Rs. 50/- affixed - Relying on Hem Raj's case, 1993 CCC 48 (P& H) contended that plaintiff to affix tentative value of..........
Damage -- Suit for Damages of Rs. 20 Lac - Whether Court fee is payable in terms of Sec. 7(iv)(f) or schedule II, item No. 17 or Sec. 7(i) - Law discussed - Law laid down in Hem Raj's case, 1993 CCC 48 not correct - Apex Court judgment in Gopala Krishnan Pillai's case, AIR 1967 SC 155 binding precedent - Court fees Act 1870, Sec. 7(i) & (iv)(f)...........
Constitution of India, 1950, Article 226, 300A, Land Acquisition Act, 1894, Section 5A -- Hearing of objections - Duty of Govt. - Scope of consideration - Sec. 5A confers valuable rights having flavour of fundamental rights under Article 14 - LAC duty bound to objectively deal with objections and pass reasoned order to justify acquisition - Hearing of objections must be..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 5A, 6A -- Notification u/s 4 for acquisition of land - Objections u/s 5-A filed by land owners - Objection dismissed - LAC passed recommendation order 'it is proper to aquire the land' - Dismissal of objection without application of mind and without giving opportunity of hearing to land owners..........
Pepsu Occupancy Tenancy (Vesting of Proprietary Rights) Act, 1954, Section 2(h), 2(k) -- Vesting of proprietary rights in occupancy tenants - Predecessor in interest of petitioners recorded as occupancy tenant in jamabandi for the year 1949-50 - Continued as such in subsequent jamabandies - Person entered in jamabandi as occupancy tenant prior to commencement of Act shall..........
