Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - If a daughter is alive on the date of enforcement of Amendment Act, she becomes a coparcenar w.e.f. date of Amendment Act irrespective of date of birth earlier in point of time...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth in view of Vaneeta Sharma's case...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - As per S.142-A (1) as amended by Ordinance, 2015, all complaints those were pending in Courts other than Courts having territorial jurisdiction as per amended S.142 of the Act, stood automatically transferred to Court having territorial jurisdiction as provided under amended S.142 of the Act...........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit - Since, plaint can be amended to introduce cause of action that arose during the..........
Specific Relief Act, 1963, Section 10 -- (As amended) - Specific performance - Court after amendment of S.10 of the Act is obliged to enforce specific performance of a contract subject to provisions of S.11(2), 14, 16 of the Act - Relief of specific performance of contract is no longer discretionary after amendment...........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Arbitration and Conciliation Act, 1996, Section 48 -- (as amended) - Enforcement of Foreign award - Proceedings for enforcement were filed by respondents/claimants prior to 2016 Amendment having come into force on 23.10.15 - Amended S.48 of the Act thus, would not be applicable to proceedings in question...........
