Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where in the opinion of Magistrate, it is not proper or desirable or in the interest of justice to release accused on bail, he may refuse bail by assigning reasons - Provisions of S.437(6) Cr.P.C. cannot be considered to be mandatory in nature and cannot be interpreted to grant an absolute and indefeasible right of..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Where pre-existing right is conferred on woman, she would acquire an absolute right u/s 14(1) of the Act...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Limited right created in favour of woman in lieu of maintenance - Since right to maintenance is recognized as pre-existing right, limited right created in favour of woman under management deed would automatically get enlarged to absolute right by operation of S.14(1) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Property given in lieu of maintenance transforms into absolute ownership by way of S.14(1) of the Act...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value - Grant of cumulative increase in the market value of land is not an absolute rule and it is optional...........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Once it is held that gift deed was validly executed resulting in the absolute transfer of title in favour of plaintiff, same is not liable to be revoked, and as such the revocation deed is meaningless especially for the purposes of calculating the period of limitation for instituting the suit...........
