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Showing posts from March, 2021

BRIEF NOTE ON SECTION 151 OF CPC

                                                           INTRODUCTION     It is delinquent provision to do justice between the parties for its invocation it is clear that there is no other specific provision seeking that relief. it is an inherent power of the court.  wherever grey areas are found or specific provisions are not found, then inherent power of the court can be taken resort to under this provision. This is because even after much efforts an exhaustive legislation covering all aspects is difficult to formulate.inherent powers are complementary in nature. Supreme Court in Manohar Lal vs Seth Hira Lal held as inherent powers is not given to the courts but it is power which is vested in the court to meet the ends of justice. In another judgment it was observed that even in writ petition filed under provisions of Ar...

GENERAL LAW ON SUCCESSION

                                                INTRODUCTION This Act is formulated in order to govern the lawful shares of the heirs of the person who has died leaving behind his properties. Important Sections   Section 8 to 13 of the Hindu Succession Act talks about the rules regarding the devolution of the property of the Hindu Male dying intestate i.e. a person when dies without executing a will. SECTION 8  says that in case a Hindu male dies intestate in that situation his property devolves as per the following rules:- a. Firstly upon class I heirs; b. if no heir under class I, then upon class II heirs; c. if no heirs in above mentioned classes, then upon agnates of deceased; d. And finally if no agnates, then upon the cognates of deceased. SECTION 9  says that if there are more then one heir under class I, then the property referred in Sec 8 shall ...