Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Amended provisions of S.6(1) provide that on and from the commencement of the Amendment Act, the daughter is conferred the right - Section 6(1)(a) makes daughter by birth a coparcener "in her own right" and "in the same manner as the son" - S.6(1)(a) contains..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Daughter would step into the coparcenary as that of a son by taking birth before or after the Act - However, daughter born before can claim these rights only with effect from the date of the amendment, i.e., 9.9.2005 with saving of past transactions as..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Corporate debtor shall be deemed to have given preference at relevant time if: (a) transaction is of transfer of property or interest thereof of corporate debtor, for benefit of a creditor or surety or guarantor for or on account of an antecedent financial debt or..........
Insolvency and Bankruptcy Code, 2016, Section 25, 43 -- Duties of resolution profession - `Preferential transactions and relevant time' - For purpose of application of Section 43 of the Code in any insolvency resolution process - What resolution professional ordinarily required to do - Illustrated...........
Auction sale -- Setting aside on deposit - Where particular section as applicable mandates for filing an application by making a deposit within a particular time, there is no discretion left to authority to extend time - Order of setting aside sale by extending time held, set aside. (Bihar and Orissa Public Demands Recovery Act, 1914, S.28)..........
Court Fees Act, 1870, Section 7(ivA), (v), (vA), (vB) -- Court fees - Suit for cancellation of sale deeds - Market value - Once it is conceded that value of land as per S.7(iv-A) Explanation of the Act is to be determined according to either S.7(v), (va) or (vb) of the Act, market value was deemed to be referable to one or other modes of determining value under said..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8), 12 -- Eviction petition - Arrear of rent - As per S.12(1) of the Act, no tenant against whom application for eviction has been made by landlord u/s 11 of the Act shall be entitled to contest application before Rent Control Court under that Section, unless he has paid or pays to landlord or deposits..........
