The right conferred by clause (d) is, therefore, an independent right and not connected with the rights granted to the females under clauses (a), (b) and (c). 2-NIT without payment of any compensation to the land owners. This is the correct view of the law on Section 8(1)(d), and we endorse it. Coming to the question of violation of fundamental right under Article 21 of the petitioners, the case of the petitioners is that by virtue of the impugned action the petitioners have been deprived of their salaries and other benefits incidental to the membership of the legislative assembly during the period of suspension and, therefore, it is violative of their fundamental right under Article 21.
3 (2) (a) and unpaid accumulations, s. Therefore, when Section 8(1)(d) of the Mysore Act refers to the properties passing on to a single coparcener by survivorship, it has reference to the ancestral properties which come to his hands upon partition or otherwise. It will be convenient to deal with the two items, fines realised’ from the employees, s. Whereas the said Party No. 1 before release of plots and Party No. 3(2) of the Act are void as contravening the provisions of the Constitution; but to decide it, we have to consider Advocates (view site…) quite a number of questions which have been raised and discussed in the arguments before us.
Shri Bhat relied upon a judgment delivered by B. In the situation Samitte and Govt. This is what is known as obstructed heritage, and such property devolve by succession and not by survivorship. We do not think it is in view of what the learned Attorney-General told us, namely that an order of expulsion has actually been made and signed but is kept in abeyance pending our deci- sion. The females who are to get benefit are all those to whom a right to a share in the joint family property would have accrued if there had been a partition either under clause (a), or clause (b) or clause (c).
Determination of rateable value of lands and buildings assessable to property tax. After setting out Section 8 of the 1933 Act, it was held:- It is well settled that devolution of joint family property, which come to the hands of a son from his father or grand-father or great-grand-father as unobstructed heritage is governed by the Rule of Survivorship. 3 (2) (b) separately, as the issues involved in the determination of their validity are different. 2 shall agree to transfer the land and or primary school/open land in the said layout at free of cost for Party No.
The above Clause contained in the said development agreement (hereinafter called the impugned clause) provides for the transfer of the land earmarked for the primary school or other public utility purposes, after its development in favour of respondent no. There, the accused was charged under section 161 with taking bribes, and under section 120-B with conspiracy. has come to the conclusion that Grocery market and shops unprotected workers (Regulation of Employment and Welfare) Act 1970 is applicable to Supreme Petrochem Ltd.
A male coparcener acquires right to such property by birth. -(1) The rateable value of any Advocates (view site…) lands or building assessable to any property taxes shall be the annual rent at which such land or building might reasonably be expected to let from year Advocates (here) to year less a sum equal to ten per cent of the said annual rent which shall be in lieu of all allowances for costs of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to command that rent: The King(1), the question arose directly with reference to section 197(1) of the Code of Criminal Procedure.
132, and that is how the appeal comes before us, 1129 The sole point for determination in this appeal is whether s. The language of clause (d) has to be interpreted as laying down that right to shares will vest in all females of the joint Hindu family who would have possibly received the right to a share if at any earlier time there had been partition in the family in any of Advocates (view site…) the three manners laid down in clauses (a), (b) and (c).
1 shall be free to dispose of this land as per its rules and regulations. This is different from property that may come to the hands of a coparcener in which he has no right by birth. While construing Section 8(1)(d), the Division Bench has held:- When the coparcenary property passes to a sole surviving coparcener, provision has been made in clause (d) of Section 8(1). Such a distinction is well known in Hindu Law. The learned Attorney-General contended very Cc strongly that this question was academic and should not be considered because no order of expulsion had yet been served on the petitioner and no one knows the terms of the order.
This clause, in protecting the rights of females, had necessarily to give females the right to share in the coparcenary property even if there be no partition at all, because, on passing of property to a sole surviving coparcener, there could not possibly be any partition sought by the male members of the coparcenary body. It is significant that clause (d) gives a right independent of a partition and its scope should not be restricted by assuming a partition.