Hindu Succession Act, 1956, Section 14(1), 14(2) -- Scope - Sub-section (1) of Section 14 applies to the cases where the conferment of right to a Hindu widow was in lieu of maintenance or in recognition of her pre-existing right as provided under the Shastric Law and Hindu Women's Right to Property Act - Sub-sections (2) of Section 14 of the Act would apply only to such..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Widow conferred the limited right to reside in house by Will in 1943 - Widow gifting away house to daughter in 1962 - Held, right conferred on widow was in recognition of her pre-exiting right as such right transformed into an absolute right by virtue of S.14(1) - Section 14(2) has no application - Gift deed is valid...........
Transfer of Property Act, 1882, Section 53A -- Limitation - Law of limitation does not apply to S.53-A of the T.P.Act - S.53-A of the Act does not provide for any limitation on expiry whereof the defence contemplated in the section will be lost or will extinguish - Limitation bars the remedy but not the right in possession...........
Transfer of Property Act, 1882, Section 53A, 60 -- In granting relief under Section 53-A of the T.P. Act the question whether a contract is specifically enforceable or not has no bearing at all - Sections 10 and 12 of the Specific Relief Act are quite distinct from Section 53-A of the T.P. Act which applies even when the specific performance of a contract is barred or the..........
Punjab Land Reforms Act, 1972, Section 4(5) -- Decree suffered by big landowner after appointed day (24.1.1971) which has effect of diminishing surplus area of big landowner - No transfer of land by big landowner after appointed day (24.1.1971) and before commencement of Act (2.4.1973) - Sub - section (5) of Section 4 not applicable...........
Punjab Land Reforms Act, 1972, Section 7(4) -- Identical to Section 12(4) Haryana Ceiling on Land Holdings Act - Judgment, decree or order of Court or other Authority obtained on or after appointed day (24.1.1971) and having effect of diminishing surplus area of such person - Shall be ignored - Legislature has not provided for any saving in favour of decrees obtained bona..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- A First Proviso and Section 9(1)0) - Tenant ordered to be ejected but ejectment not to be effected till tenant allotted land from surplus pool - Tenant allotted land from surplus pool but refused to take possession, again allotted land but tenant made no efforts to take possession - Only limited protection given to..........
Transfer of Property Act, 1882, Section 118 -- Exchange in Haryana State of immovable property - Provisions of Section 118 not applicable - Oral exchange with delivery of possession of immovable property of any value - Can be effected without a registered document...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice or to prevent..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Paras 4,5,6,7,10,13 - Eligibility for allotment - Should be maintained upto date of allotment order - Person found eligible for allotment - Joined Government Service prior to date of allotment - Becomes ineligible - Person having joined Government Service prior to allotment of surplus area became ineligible for..........
