13 May 2024


Search Results for Tag : UCC

Statute

Enemy Property (Amendment and Validation) Ordinance, 2016(08.01.2016)

The President has promulgated the Enemy Property (Amendment and Validation) Ordinan.....

Tags : Ordinance, Enemy property, succession

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Notifications & Circulars

Rs. 263.97 crores received in Private FM Radio Phase III Channel auction(22.09.2015)

The Ministry of Information and Broadcasting received Rs 263.97 crore as bid deposits from successful bidders of e-auction of first batch of private F.....

Tags : Fm channel, auction, successful bids

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Judgments

Invocation of bank guarantee restricted only for fraud and irretrievable injustice(02.11.2015)

The Delhi High Court allowed an appeal against an order restraining the encashment of a bank guarantee by the Appellant. It noted that as per preceden.....

Tags : Bank guarantee, prejudice, future success

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No retrospective relief for Hindu women in succession(16.10.2015)

In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Cour.....

Tags : Hindu succession, retrospective, application

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News

Gujarat HC: Child Born from Widow's First Marriage Can Inherit Property from Her Second Husband(27.06.2022)

Gujarat High Court has held that under Section 15 of the Hindu Succession Act, when a widow dies intestate, her heirs including son and daughter out o.....

Tags : Gujarat High Court, Hindu succession Act, Widow

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Kerala HC: Artificial Breaks in Service Cannot be Used to Deny Maternity Leave Benefits(12.05.2022)

Kerala High Court has ruled that short artificial breaks in service between successive contracts cannot be used as a device to reject maternity rights.....

Tags : Kerala High Court, successive contracts, maternity rights

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P&H HC: Widow Can’t Claim Inheritance through Succession if Husband Not Owner of Property(02.06.2022)

Punjab and Haryana High Court while deciding the inheritance dispute, has held that as husband was not the owner of the suit land on the date of his d.....

Tags : Punjab and Haryana High Court, Inheritance, Succession

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Kerala HC: Successive Reservation to Offices of Local Authorities Illegal(18.11.2020)

Kerala High Court has stated that successive reservation to the offices of the Chairpersons and President of the local authorities is illegal.

Tags : Kerala High Court, Successive Reservation to Offices

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SC: Law Commission's Report Against Uniform Civil Code has a Shaky Foundation(03.10.2022)

Supreme Court while refusing to entertain a plea seeking a Uniform Civil Code (UCC) for India, has orally remarked that report of Law Commission of In.....

Tags : Supreme Court, UCC, Law Commission

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FAMILY - Married Daughter has Right of Succession in Lease Premises Under Goa Succession Law: SC(14.03.2019)

Supreme Court has observed that a married daughter would have a right of succession in the "lease premises", as per the provisions of Goa Succession, .....

Tags : Supreme Court, Right of Succession in Lease Premises, Married Daughter,Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

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FAMILY - Preferential Right U/S- 22 of Hindu Succession Act Applicable to Agricultural Land: SC(15.03.2019)

Supreme has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act, 1956 is applicable even if the .....

Tags : Bombay High Court, Hindu Succession Act, Section-22, Agricultural Land

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Supreme Court Seeks Union Response on Gender Neutral Uniform Law for Succession Rights(11.03.2021)

Supreme Court has sought the Union government’s stand on the need for a gender and religion neutral uniform law conferring succession and inheritance .....

Tags : Supreme Court, Gender Neutral Uniform Law for Succession Rights

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SC: ST Women Not Entitled to Any 'Right of Survivorship' Under Hindu Succession Act(12.12.2022)

Supreme Court while observing that a female member of the scheduled tribe (ST) is not entitled to any right of survivorship under the provisions of Hi.....

Tags : Supreme Court, Scheduled Tribe Women, Hindu Succession Act

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Bombay HC Rejects Plea by Grandson of Deceased Account Holder Seeking Fund Release(01.06.2017)

Bombay High Court has rejected a petition filed by one Amol Patil who sought withdrawal of money from his deceased grandmother’s account without deman.....

Tags : Bombay High Court, succession certificate

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Supreme Court: Inter-State Sales Between Successor States Inapt to be Treated as Intra-State Sales(10.07.2019)

Supreme Court has ruled that creation of a new political State must be given full legal effect and the Inter-State sales between the two successor Sta.....

Tags : Supreme Court, Successor States

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Delhi High Court: Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate(11.05.2017)

Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the n.....

Tags : Delhi High Court, Succession

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Road Transport Ministry Allows Vehicle Owners to Nominate Successor(03.05.2021)

Road Transport Ministry has notified the adjustments within the Motor Vehicle Rules, 1989 offering the feature to vehicle owners to nominate the succe.....

Tags : Road Transport Ministry, Nomination of Successor

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Kar. HC: Hereditary Archakship Conferred Only on Paternal Line and Not Maternal Line(07.06.2023)

Karnataka High Court has held that in order to claim the post of hereditary archak, the line of succession should be on the paternal side and not on t.....

Tags : Karnataka High Court, Hereditary Archakship, Succession, Paternal Line

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Ker HC: If HC had Previously Denied Anticipatory Bail, Successive Appln. Should Be Filed Before HC(26.07.2023)

Kerala High Court has held that in cases where the High Court rejected anticipatory bail plea, second or successive anticipatory bail applications, po.....

Tags : Kerala High Court, Anticipatory Bail, Successive Application

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No Compulsion For Legal Heir To Apply For Heirship Certificate: Bombay HC(13.11.2017)

Bombay High Court has observed that there is no compulsion for any legal heir of a deceased predecessor to either apply for a succession certificate o.....

Tags : Bombay High Court, Succession Certificate

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Kar. HC: Child Born in 'Batil' Marriage is Illegitimate(04.08.2023)

Karnataka High Court while observing that child born in a 'Batil' marriage under Mohammadan Law, is illegitimate, has held that he does not have any r.....

Tags : Karnataka High Court, Batil Marriage, Succession, Mohammadan Law

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Bombay HC: Property Inherited by Hindu Female from Her Parents, Will Devolve Upon Her Parent's Heirs(25.01.2018)

Bombay High Court has held that u/s 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve u.....

Tags : Bombay High Court, Succession

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SC: To Claim Right U/S 14 Hindu Succession Act, Woman Must Have Possession of Property(29.08.2023)

Supreme Court has held that the essential ingredient of Section 14(1) of Hindu Succession Act, 1956 is possession over the property and therefore in o.....

Tags : Supreme Court, Hindu Succession Act, Woman, Possession

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NCLAT: 'Success Fees' is of Contingent and Speculative Nature; Not a Part of IBC(23.09.2021)

National Company Appellate Law Tribunal has held that 'success fees' which is more in the nature of contingency and speculative, is not a part of the .....

Tags : National Company Appellate Law Tribunal, Success Fees

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Bombay High Court: Stepson Can’t Inherit Property Under Hindu Succession Act(08.02.2018)

Bombay High Court, while dismissing a plea by a stepson claiming a stake in his father’s property, has said that the definition of ‘son’ in the Hindu .....

Tags : Bombay High Court, Hindu Succession Act

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All. HC: S.388 Allows Appeal Against Order of Inferior Court to District Judge(01.12.2023)

Allahabad High Court has held that proviso to Section 388(2) of the Succession Act creates an exception by providing that an appeal from any order of .....

Tags : Allahabad High Court, Appeal, District Judge, Succession Act

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Kar. HC: Repeal of Section 23 of Hindu Succession Act has Retroactive Effect(20.11.2023)

Karnataka High Court has held that Section 23 of Hindu Succession Act while was repealed by the Amendment Act of 2005, is prospective in operation wit.....

Tags : Karnataka High Court, Hindu Succession Act, Retroactive Effect

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Kerala HC Turns Down Plea Challenging Vires of S. 33(b) Of Indian Succession Act(12.06.2018)

Kerala High Court has turned down a widow’s plea challenging the constitutionality of Section 33(b) of the Indian Succession Act which provides 50 per.....

Tags : Kerala High Court, Succession

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NCLAT: Successful Bidder Cannot be Permitted to Wriggle Out of Bid Claiming Conditional Offer(17.01.2022)

National Company Law Appellate Tribunal has held that a Successful Bidder cannot wriggle out of the contractual obligations and withdraw the bid after.....

Tags : National Company Law Appellate Tribunal, Successful Bidder

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SC: Successors Cannot Enforce Rights on Property Through a Deed Executed by Person Without Title(11.04.2024)

Supreme Court has held that if a deed regarding any property has been executed by a person without title, the successors or future owners shall not ha.....

Tags : Supreme Court, Successors, Title, Executed Deed

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SC: Full Ownership of Property Under S.14 (1) Can be Claimed by Hindu Woman Only if She Possesses it(20.05.2024)

Supreme Court has held that for establishing full ownership on the undivided joint family estate under Section 14(1) of the Hindu Succession Act, 1956.....

Tags : Supreme Court, Hindu Succession Act, Joint Family

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