Will -- It comes into effect after death of testator - Till the date of death of testator, he has legal right to change or modify the same...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Factum of land being owned by plaintiffs is not in dispute because this has been admitted by defendants themselves in written statement - Contention of defendants that their possession over suit land was legal as suit land stood acquired for them and compensation stood paid to land owners is not..........
Constitution of India, 1950, Article 366(29A)(d), Karnataka Sales Tax Act, 1957, Section 2(t), 5C -- Sale - Transfer of right to use tug - Effective control of Tug, for entire period of six months has been given to charters - Under charter agreement coupled with instructions to tenders, general conditions and special conditions for contract as specified in tender documents..........
Transfer of Property Act, 1882, Section 53A -- Part performance - To fall under umbrella of S.53-A of the Act, plaintiff must show not only his readiness and willingness to pay balance sale consideration, but also readiness and willingness to perform his part of contract which includes enforcement of contract for getting sale deed executed in his favour by resorting to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 271 gms intoxicating powder - Search and seizure - Non-compliance of S.50 of the Act - Recovery effected from personal search of accused - Arresting Officer however, failed to apprise accused of his legal right to be searched before a Gazetted Officer or Magistrate - There is thus, no,..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit dismissed in default - Non-appearance of plaintiff was neither intentional nor wilful - There was no delay on part of plaintiff - Suit was for recovery on which plaintiff had affixed ad valorem Court fee - Suit was at the stage of cross-examination when it was dismissed in default - Plaintiff was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Denial of ownership of Landlord-Tenant relationship and at same time an offer to pay arrears of rent `to avoid any legal complications', without seeking to indicate who accordingly to him is his actual Landlord, clearly goes to show that such plea being raised by Tenant is not genuine - Eviction upheld...........
Service -- Appointment - Made by authority which is in violation of statutory rules - Cannot said to be legal...........
Service -- Termination from service - Reinstatement - Whether irrespective of qualifications which have statutorily been laid down under the rules for the post of Pump Operator of Municipal Council could be overlooked for reinstatement of workmen merely because provisions of S.25-F of Industrial Dispute Act stand violated - Held, no - Appointments even if made by an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroine - Non-compliance of S.50 of the Act - Search was conducted by DSP, who was a Gazetted Officer - Said search was carried out after accused had been duly apprised that he had legal right to get his search conducted from a Magistrate or by a Gazetted Officer - Accused had reposed..........
