Start learning 50% faster. Sign in now
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.
Who is responsible for establishing one or more Micro and Small Enterprises Facilitation Councils, and how is this done as per the provisions of MSMED A...
A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of ...
In case of fraud there is unlimited liability, has been provided for under which section of LLP Act?
In which of the following situations a joint sitting can be summoned of both houses of the parliament?
The instrument appointing a proxy shall ________________
As per the provisions of the Companies Act the IEPF shall be credited with____________________
No banking company shall hold any immovable property howsoever acquired_________________
According to the SEBI Act the Central Government may supersede Board for period not more than______.
Under the Occupational Safety, Health and Working Conditions Code, how many days in a week can a worker typically be allowed to work in an establishment?
When a conciliation is ongoing on a subject matter of dispute between the parties, ____________