CIVIL LAW Read, Subscribe & Cite CIVIL LAW TIMES (CLT) Supreme Court and All High Courts III (2013) CLT 248 HINDU SUCCESSION ACT, 1956 — Section 6(1) [as amended by Act 29 of 2005] — Succession — Daughter’s right to coparcenary property — Legislature has made Section 6(1) prospective only under certain facts, situations and retrospective under other facts situations i.e. where there is no registered partition deed or decree of Court — Once there are no registered relinquishment deeds of sisters, sisters will have rights equal to their brother and mother in HUF properties. III (2013) CLT 222 CONSTRUCTIVE RES JUDICATA — When decree for recovery of possession passed in earlier proceedings became final against predecessor-in-interest of plaintiff, second proceedings filed for specific performance of contract of same agreement must be held to be barred by constructive res judicata. III (2013) CLT 198 TERMINATION OF TENANCY — Notice — Even if it is assumed that adequate notice of 30 days under agreement not given, still suit filed after 30 days of deemed receipt of notice which is adequate under Section 106(3) of T.P. Act. III (2013) CLT (DB) (CN) 11 CONSTITUTION OF INDIA, 1950 — Article 226 — Writ Jurisdiction — Approach of the Court in granting relief must be flexible and liberal and not rigid or hyper-technical — Under Article 226, relief can be granted by Court even by moulding the relief, if justice so requires. III (2013) CLT (CN) 9A TRADE MARK — Every violation of trade mark or act of passing off may be a fresh cause of action.
Posted on: Thu, 05 Sep 2013 05:43:53 +0000
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