In which of the following cases did the court held that the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act was enacted for the interests of a particular section of the society. The people of the Scheduled Caste and Scheduled Tribe were in need of protection and support. Therefore, in pursuance of the Directive Principles of State Policy, the said Act was passed. Therefore, it was of the nature of a special act. As such, the provisions of a general act would not be applicable to such an act. Therefore, Section 51 of the Transfer of Property Act did not cover the situation in this case.
In the case of Harish Chandra Hegde v. State of Karnataka , certain sections of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act were in conflict with Section 51 of the Transfer of Property Act. The Court held that the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act was enacted for the interests of a particular section of the society. The people of the Scheduled Caste and Scheduled Tribe were in need of protection and support. Therefore, in pursuance of the Directive Principles of State Policy, the said Act was passed. Therefore, it was of the nature of a special act. As such, the provisions of a general act would not be applicable to such an act. Therefore, Section 51 of the Transfer of Property Act did not cover the situation in this case. Wazirey Vs. Mathura Prasad Wazirey - In this case the trial Court dismissed the suit on the ground that as the sale deed was executed after the order of annulment, it was invalid under section 37 of the Provincial Insolvency Act (V of 1920). Here the court held that the Insolvency Act would prevail over the Transfer of Property Act. The court was of the opinion that the case is covered by section 2(d) of the Transfer of Property Act. The words of the section applicable are “transfer by order of a Court of competent jurisdiction”. The Official Receiver’s sale falls within the words In Mardia Chemicals Vs. Union of India- it was held that what was conceived correct in the situation then prevailing may not be so in the present day situation. New institutions have come into being and as such the legislations are also framed in that situation. Therefore, these become more relevant. In this case, certain sections of the Transfer of Property Act, the general law on the subject, has been overridden by the special enactment namely the Securitisation Act. In the case of Smt. Laxmi Vs. Sethani Mukand Kanwar the relation between s.2(d) and s. 5 of the Transfer of Property Act has been discussed.
Under Civil Procedure Code, 1908 which of the following properties cannot be attached in execution of a decree?
The Central Information Commission under the RTI Act shall consist of ___________
The Prospectus must be issued to the public within ______________ days after the date onwhich a copy thereof is delivered to the Registrar
Bar of limitation is applicable:
The court may frame the issues from the materials:
In a suit instituted against a public officer, he is__________
The transfer of an actionable claim shall be effected:
Mark the correct statements:
1. An agreement without consideration is void
2. Consideration should have some value in the eyes of law...
Which of the following are the essential elements in a contract of pledge?
Under Factories Act, 1948, an adult worker shall not work continuously for more than five hours unless he has had a rest interval of at least—