Hindu Succession Act, 1956, Section 14(1) -- Pre-existing right - Hindu female not holding any valid possession over subject property - Opening of fiscal proceedings would not confer a right of acquisition by either of devise as referred to u/s 14(1) Explanation of the Act - Moreover, mere possession would not confer pre-existing right of possession over subject property..........
Succession Act, 1925 -- Declaratory decree - Effect of a declaratory decree to restore property alienated to estate of alienor and until and unless alienees are able to convince Court that they have no subsisting interest in property, heirs of alienees would be entitled to benefits of property as per law of succession...........
Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Provision of S.360 Cr.P.C is in addition to provisions of 1958 Act or Children Act or any other law for the time being in force for treatment, training or rehabilitation of youthful offenders...........
Hindu Law -- Reversioners are heirs of last full owner, who would be entitled to succeed to estate of such owner on death of a widow or other limited heir, if they be then living...........
Hindu Law -- Widow's estate - Prior to Hindu Succession Act and Hindu Law Women's Right to Properties Act (State Act) - Succession opened on the death of husband in 1907 - State Act was not in force at that time - Estate which was inherited by wife was that of a widow - She therefore, not acquired absolute rights, as such right which she had was right of Hindu widow under..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Having regard to facts alleged and grounds taken therein, recall orders cannot be faulted with - No good ground to interfere in order recalling of petitions - Criminal Petitions thus, restored - High Court to decide these three cases on merits in accordance with law...........
Civil Suit -- Contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law - A decision rendered by Courts in an unsatisfactory conducting of trial of suit is not legally sustainable - It is regardless of the fact that in whose favour decision in the trial may go...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing revision - More so,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court has no jurisdiction to allow second appeal without framing a substantial question of law as provided u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - High Court failed to frame any substantial question either at the time of admitting appeal or before final hearing and yet proceeded to allow some of second appeals - Impugned orders of High Court set aside...........
