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Showing posts from December, 2020

partition effected by karta of joint Hindu family valid only if it is found to be just ,fair and equal

children of first wife is entitled to more than second wise children

Testamentary disposition or alienation of coparcenary Prior to 20.12 .2004 - testator of valid will alive on 20. 12 .2004 _ execution of will genuinely before 20.12 .2004 not sufficient - daughter entitle to partition

properties sold by father and brother in the year 1994 - exempted from amendment act

Arbitration proceedings are summary proceedings production of additional evidence is not permissible

Application under wrong provision is not ground to refuse amendment

When right in property acquired by Hindu female by compromise decree will not enlarge into full right - She has acquired the right by virtue of the compromise decree for the first time. Therefore, Section 14(2) would apply to the instant case.

Mother of the plaintiff and the defendant had died after 1956 and,Thus, her property will devolve upon her sons,daughters and husband.

Difference between will and settlement

There is not necessary to transmit the degree from the place where the award was passed to the court where the award is sought to be executed

Arbitration Tribunal is not a Civil Court and IT is not the Court which passed the decree and therefore it is not necessary to transmit the decree from the place where the award was passed to the Court where the award is sought to be executed

Mere production of a certified copy of the order is sufficient without getting the order transferred by the court which is required to enforce the order

There is not necessary to transmit the degree from the place where the award was passed to the court where the award is sought to be executed

There is not necessary to transmit the degree from the place where the award was passed to the court where the award is sought to be executed

Enforcement of award can be filed anywhere in country where such decree can be executed and there is no requirement for obtaining transfer of decree from Court, which would have jurisdiction

There is no no requirement for obtaining a transfer of the degree from the court which would have jurisdiction over the arbitral proceedings

There is no necessity for the the degree holder to specify the particular court in which an execution petition should be filed

on receipt of the award with a certificate under section 71 of chit fund act the civil court shall be deemed to be a a court which passes a degree and has power to issue precepts

victims under Section 357A(4) of the Cr.P.C. are entitled to claim compensation for incidents that occurred "even prior to the coming into force of the said provision."