Hindu Succession Act, 1956; Section 14(1)- For establishing full ownership on the undivided joint family estate under Section 14(1) of the Succession Act the Hindu female must not only be possessed of the property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at …
Mukatlal vs Kailash Chand (D) 2024 INSC 428 -S 14(1) Hindu Succession Act Read More »
Limitation Act, 1963; Section 3-Even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation- V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao (2005) 4 SCC 613 and Narne Rama Murthy v. Ravula Somasundaram (2005) 6 …
S Shivraj Reddy (D) vs S Raghuraj Reddy 2024 INSC 427 – Limitation – Partnership Read More »
Summary: Applicant preferred an application to the CEC seeking permission to construct the health/eco-resort (nearby Pachmarhi Wildlife Sanctuary)- Allowing application, SC observed: The applicant is justified in claiming that its proprietary rights guaranteed under Article 300A of the Constitution of India cannot be infringed merely on account of the pending writ appeal before the Madhya …
Precedent– Ignoring the law laid down by the Constitution Bench of this Court in Bhagat Ram and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench, in our view, would undermine its soundness. (Para 58) …
Karnail Singh vs State Of Haryana 2024 INSC 424 – Review Powers – Precedent Read More »
Arbitration and Conciliation Act, 1996; Section 32-The power to terminate proceedings under Section 32(2)(c) of the Arbitration Act can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or impossible. Unless the Arbitral Tribunal records its satisfaction based on the material on record that proceedings have become unnecessary or impossible, …
Prevention of Money Laundering Act, 2002; Section 19– After cognizance is taken of the offence punishable under Section 4 of the PMLA based on a complaint under Section 44 (1)(b), the ED and its officers are powerless to exercise power under Section 19 to arrest a person shown as an accused in the complaint; and …
Advertisement – Before an advertisement is printed/aired/displayed, a Self declaration shall be submitted by the advertiser/advertising agency on the lines contemplated in Rule 7 of the Cable Television Networks Rules, 1994 – The Self-declaration shall be uploaded by the advertiser/advertising agency on the Broadcast Sewa Portal run under the aegis of the Ministry of Information …
Punjab Courts Act, 1918; Section 41- Code of Civil Procedure, 1908; Section 100- The provision contained in Section 41 of the Punjab Act, as reproduced above, does not mandate framing of a substantial question of law for entertaining the second appeal. Therefore, a second appeal under Section 41 of Punjab Act can be entertained by …
Lehna Singh (D) vs Gurnam Singh (D) 2024 INSC 429 – Punjab Courts Act – Second Appeal Read More »
Constitution of India, 1950; Article 12,226– Whether Air India Limited after having been taken over by a private corporate entity could have been subjected to writ jurisdiction of the High Court? AIL, the erstwhile Government run airline having been taken over by the private company Talace India Pvt. Ltd., unquestionably, is not performing any public …
Summary: Employment status of the respondents herein in the service of Majarewadi Gram Panchayat – Matter remanded to High Court for reconsideration