Custom --Ancestral property bequeathed by will - Parties governed by Custom of Rohtak District - Sister of testator challenged will - No legal right to challenge alienation in view of Full Bench judgment in Rati Ram's case, A. I. R. 1981 Pb. & Har. 376, and provisions of Section 6 Punjab Custom (Power to Contest) Act...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 4 -- Suit challenging sale not to effect reversionary rights - Compromise that sale be cancelled, vendee be deemed mortgagee and land can be redeemed after 5 years - Decree granted in terms of compromise - Not usual declaratory decree that sale not to effect reversionary rights - Resultant effect of decree : no sale,..........
Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Hindu Succession Act, 1956, Section 8 -- Mutation of inheritance - Succession to ascetic (irrespective of fact whether property acquired out of funds of religious trust or by one's own funds) - Governed by custom of religious order to which ascetic..........
Punjab Pre-emption Act, 1913, Section 15 -- Violation of equality clause in Article 14 of Constitution - No fundamental or inherent right to pre-empt sales under the law - A person cannot claim any inherent right of pre-emption unless conferred by recognised custom or expressly by statute - Question of discrimination or violation of equality clause in Article 14 cannot..........
Punjab Gram Panchayat Act, 1953, Section 81(1), 82(2), 85 -- Gram Panchayat gave contract for removing dead-bodies of animals from streets of village - Recovery of balance of amount due on contract as arrears of land revenue - Illegal - Section 81(1)(f) entitles Gram Pa, Chayat to sale proceeds of dead-bodies of animals which are not claimed by any person in accordance..........
Punjab Custom (Power to Contest) Act, 1920, Section 6 -- Effect of Section 3 Punjab Custom (Power to Contest) Amendment Act, 1973 - Retrospective - Applicable to pending appeals...........
Punjab Tenancy Act, 1887, Section 59(3), 60 -- Gift by widow of occupancy rights in favour of nearest heirs and reversioners of her husband - Void - Doctrine of surrender or acceleration of succession - Not applicable - Widow of a deceased occupancy tenant under Section 59(3) absolutely forbidden and prohibited from transferring right in property by sale, gift or mortgage..........
Hindu Adoptions and Maintenance Act, 1956 - - Adoption of married person - Custom if sanctions such adoption - Cannot be held illegalA perusal of Section 10 of the Hindu Adoption and Maintenance Act shows that there is an initial bar against the adoption of a married person. At the same time if the parties are governed by a particular custom which sanctions the adoption of..........
Custom -- Proof of - Judgment of High Court recognising custom - Furnishes good instance of existence of custom...........
Punjab Custom (Power to Contest) Act, 1920, Section 6 -- Effect of Section 3 Punjab Custom (Power to Contest) Amendment Act, 1973 - Ancestral property immune from challenge in Court of law...........
