Hindu Succession Act, 1956, Section 9 -- Heir falling in the Ist entry to be preferred to those in the IInd entry and so on in case of succession to the property - Preferential heir has right to succeed...........
Hindu Succession Act, 1956 -- category 4 of clause (2) of the Schedule - Plaintiff proved to be sister's son of `K' - The defendants are collaterals and do not fall in any of the categories of clauses 1 and 2 of the schedule appended to the Act - Plaintiff held to be preferential heir than the defendants who are collaterals and entitled to succeed the property of the..........
State's Debts -- Priority of State's debts is recognised in India and is treated as 'law in force' within the meaning of Article 372(1) of Constitution - However, the Crown's preferential right to recovery of debts over other creditors is confined to ordinary or unsecured creditors - Where the right of the subject is complete and perfect before that of the King commences,..........
Limitation Act, 1963, Section 5 -- Delay of 1539 days in filing petition to set aside ex parte decree - Condonation - Petition by State - Reason given for delay that the relevant records could not be traced due to bifurcation of districts - Not convincing - However, conduct of the State authorities though negligent not mala fide - Statements made in the affidavit showing..........
Punjab Town Improvement Trust Act, 1922, Section 36, 73 -- Jullundur Improvement Land Disposal Rules, 1954, R.2(b), Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, R.2(a), Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983, R.2(d) - Preferential allotment of plot to a person whose land is acquired under Punjab Town..........
Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983, Rule 4(ii), 2(d) -- Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, Rules 7(ii) and 2(a) - Preferential allotment of plot to "local displaced person" whose property acquired for the Scheme under Punjab Town Improvement Act - Under both sets of Rules person has to..........
Punjab Town Improvement Act -- Preferential allotment of plots to persons whose lands acquired for execution of any Scheme by Improvement Trust - All persons whose lands acquired for execution of any Scheme by Improvement Trust - Do not automatically become "local displaced person"...........
Punjab Town Improvement Act -- Allotment of alternative sites to oustees whose lands acquired for any Scheme by Improvement Trust - Northern Carriers case (1983) 2 SCC 5 does not lay down as a proposition of law that every person whose land is acquired for the purpose of execution of a Scheme under Punjab Town Improvement Act will be entitled to preferential allotment of..........
Punjab Town Improvement Act -- Claim to preferential allotment of plot under the Rules - Burden of proving - Onus on the person to establish that he falls within definition of "local displaced person" so as to entitle him to benefit of preferential allotment - Unless and until a person qualifies to be a local displaced person - Benefit of preferential allotment not..........
Constitution of India, 1950, Article 14 -- Plea of entitlement being similarly situated - Preferential allotment of plots in favour of certain persons under Punjab Town Improvement Act - Court should first decide the question whether allotments in favour of those persons within scope of Rules applicable - Allotments in favour of other persons if not within scope of Rules -..........
