Succession Act, 1925, Section 373 -- Succession certificate - Grant of - Only summary enquiry is contemplated - Enquiry is to be confined to right of applicant to certificate and not to decide upon title, reality and character of claim of applicant - Succession certificate is not final adjudication of question of title - Certificate clothes holder thereof to realise debt..........
Nomination -- A mere nomination does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the nomination - A nomination only indicates the hand which is authorised to receive the amount...........
Nomination -- Specified in the National Savings Certificate - Death of its holder - Nominee does not become entitled to the sum due under the certificate to the exclusion of all other persons - Though the nominee has a right to be paid the sum due on such savings certificates after the death of its holder, yet he retains the said amount for the benefit of the person who..........
Hindu Succession Act, 1956, Section 16, Hindu Marriage Act, 1955, Section 5, 11 -- Second marriage during subsistence of first marriage - Right of children born out of such marriage to family pension and death-cum-retirement gratuity of deceased father - No nomination made for family pension and other benefits - Held, children of second void marriage are legitimate as such..........
Service -- Family pension and death-cum-retirement gratuity - Disbursement - No nomination made - Second marriage during subsistence of first marriage - Children born are legitimate and hence entitled to pensionary and other benefits - Contention that without a civil Court having pronounced the second marriage in accordance with Hindu rights, it cannot be held that the..........
Punjab Co -- operative Societies Act, Section 19(2) - Membership of a Primary Co - operative Society - A condition precedent to individual being elected as a member of Managing Committee, President or Vice - President of the Society, nomination to Central or Apex Society and election to President or Managing Director of a Central Co - operative Society or Apex Society, as..........
Service -- Pension - Family pension - Nomination not in favour of husband - Husband staying separate from wife but there was no divorce - Held, husband is entitled to family pension - Nomination contrary to statutory provisions would not operate...........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Challenge to election of Sarpanch on the ground that Sarpanch was in unauthorised possession of Panchayat land on the date of filing nomination papers as well as on the date of holding of election for post of Sarpanch and therefore could not contest election - Setting aside election of Sarpanch as his nomination papers..........
Ambala Central Co-operative Bank Limited -- Bye-law 33 - Provides that elected member of Board of Directors shall cease to hold office if he becomes related to employee of Bank - Post election disqualification - Does not render person ineligible from contesting election - Use of word 'becomes' in Clause (ix) of Bye-law 33 - Relationship must come into existence after the..........
Haryana Panchayati Raj Act, 1994, Section 175(1)(i) -- cannot remain as Panch-Quashed. - holding Panch to be disqualified in view of ,S. 175(1) and - -Ultra vires-Anguri Devi's case (2) PLJ 4 DB Reiterated-Failure to pay arrears to Gram Panchayat or Panchayat Samiti by member of undivided Hindu family would make Sarpanch or Panch liable for disqualification-Struck..........
