LegalPoint


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HINDU LAW: Property of Female Hindu:


Section 14 of the Hindu Succession Act, 1956, provides for conversion of life interest into absolute title on commencement of the Act. However, sub-section (2) carves out an exception to the same as it provides that such right would not be conferred where a property is acquired by a Hindu female by way of gift or under a Will or any other instrument prescribing a restricted estate in that property. Thus, if a Hindu female has been given only a ‘life interest’ through Will or gift or any other document referred to in Section 14 of the Act, 1956, the said right would not stand crystallized into the absolute ownership. Section 14(2) carves out an exception to rule provided in sub-section (1) thereof, which clearly provides that if a property has been acquired by a Hindu female by a Will or gift, giving her only a ‘life interest’, it would remain the same even after commencement of the Act, 1956, and such a Hindu female cannot acquire absolute title.

Shivdev Kaur (D) by LRs v. R.S. Grewal , C.A. Nos. 5063-5065 of 2005; Decided on 20-3-2013 (SC)

CAN IMPOTENCY BE A GROUND FOR DIVORCE


LP-logo-hammer

Impotency can not be a ground for divorce.  However, impotency can be a ground for declaring marriage null and void.

Parameters of Ultra Vires


A piece of Legislation is said to be ultra vires, when it contains provision beyond the scope and object of its parent legislation.

Ultra vires is a Latin phrase meaning literally “beyond the powers”, although its standard legal translation and substitute is “beyond power”. If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires(literally “within the powers”; standard legal translation and substitute, “within power”). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed “valid” and those that are ultra vires “invalid”.  https://en.wikipedia.org/wiki/Ultra_vires

LIVE IN RELATIONSHIP – WHETHER ANY LEGALLY ENFORCEABLE RIGHT EXISTS THERE


Dear friends one of my frnd have question…

AGAR EK LADKA EK LADKI DONO MUTUALLY HUSBAND WIFE MANTE HO.

ladki sms me bhi ladke ko apna husband accept kar liya ho.

unke bich physical relation bhi rahe ho.

aur mandir me shadi kar liya.

Par baad me family force se badal jati ho to kya ladka court me writ kar sakta ha?

Bail – anticipatory bail


 In serious matter of allegations of cheating and forgery, Supreme Court allowed 3rd application for bail as the allegations were purely of civil nature.  Personal liberty of an individual is also to be kept in mind.

AIR 2011 SC 312 – Siddharam Satlingappa Mhetre Vs State of Maharashtra

Is Slum Areas (Improvement & Clearance) Act, 1956 governed by Code of Civil Procedure ?


If one has to file a reply/Written Statement under Slum Areas Act, does the limit of 30 days apply or not (as it applies in civil suits governed by CPC) ?