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#04.01.2020
seemabhatnagar · 9 months
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The son and the daughter are equally entitled to inherit a share of the property by birth as coparceners.
Yagnaseni Patel v. The GM Mahanadi Coalfields Ltd. & others
WP No. 28534/2020 before Hon’ble Orissa High Court
U/A 226 & 227 of Constitution of India
Writ Petition Allowed on 22.06.2023
By Hon’ble Mr. Justice Dr. B R Sarangi J & Hon’ble Mr. Justice M S Raman J
Background
This is a case where daughters claim equal share in the property of their late father. After the death of the father petitioner’s 03 brothers got property mutated in their name in the Revenue Record. Petitioner and her 02 other sister filed Mutation Appeal before Sub Collector, Sundargarh. Sub-Collector directed Tehsildar to record the name of 03 sisters in the Record of Rights (RoR). Name was recorded in RoR along with their 03 brothers. Daughter’s than claimed equal share in the property before Claim Commission being daughter of the Coparcener are entitled to get equal share as that of her brothers irrespective of the date of death of her father. Brothers disputed on the basis of the Judgment of the Supreme Court namely Prakash and others v. Phulabati and others & Mangammal @ Thulasi and another v. T.B. Raju and others. In these cases, it was held by the SC that daughters are not entitled to get the benefit being not the co-sharer. Claim Commission decided the matter against the petitioner on 04.01.2020.
Contention of the Petitioner
Judgment, basing upon which the Claims Commission decided the matter, had been referred to the Larger Bench and the Larger Bench decided the same in the case of Vineeta Sharma v. Rakesh Sharma and others, 2020 (II) OLR (SC) 569, which was in favor of the petitioner.
Being daughter of the Late Kulamani Patel stand on the same footing as are the sons.
In view of the decision of the larger Bench in the case of Vineeta Sharma v. Rakesh Sharma and others, the decision of the Claim Commission is not sustainable and it be quashed.
Contention of the Respondent’s
Since the parties (Petitioner Daughter) approached the Claims Commission for adjudication of the matter and the same was decided on the basis of the law applicable at the relevant point of time. Wherefore, the present Writ Petition be dismissed.
 Writ Court exercising a limited supervisory jurisdiction constitutionally vested under Article 227 should abhor to undertake a deeper examination in such matters.
Hindu Law & Amendment in Hindu Law (2005)
In Hindu Law Succession of property in a Hindu Undivided Family is governed by two schools of law 1. Mitakshara 2. Dayabhaga. Mitakshara entitles a son to a right equal to his father in the joint family property by birth.
All the male descendants of a Hindu in the male line up to the fourth degree of generation are his sons. The adopted child also gets a right equal to the right of his adoptive father in the joint family property from the date of adoption. The daughter is not given a right by birth in the joint family property.
The Parliament, being inspired by the amendments in four States namely Andhra Pradesh, Tamil Nadu, Maharashtra & Karnataka, passed The Hindu Succession (Amendment) Act, 2005 for the whole of India.
The amendment is that even in a joint family governed by the Mitakshara law the daughter of a coparcener is made as good a coparcener as a son. She has the same rights in the coparcenary property as she would have had if she had been a son. She has a right to agitate in respect of her share in the joint family property.
Decision of Larger Bench of the Supreme Court in re Vineeta Sharma v. Rakesh Sharma and others.
 The finding of the apex Court (Prakash and others v. Phulabati and others & Mangammal @ Thulasi and another v. T.B. Raju) that daughters are not entitled to get the benefit of equal share being co-sharers in the ancestral property, no more remains res integra in view of the Larger Bench judgment of the apex Court in the case of Vineeta Sharma v. Rakesh Sharma and others.
In the case of Vineeta Sharma, Section 6(1) of the Hindu Succession (Amendment) Act, 2005 was under consideration and a question was framed “does the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, have a retrospective effect”.
The Apex Court, answered the same in affirmative, held that daughter shall remain as coparcener (one who shares equally with others in inheritance of an undivided joint family property) throughout life, regardless of the question as to whether her father was alive when the law was amended in 2005 or not
Sons and daughters of a coparcener become coparceners by virtue of birth.
Observation of the Orissa High Court
In view of the decision dt. 11.08.2020 of the Apex Court in Vineeta Sharma v. Rakesh Sharma and others., Claims Commission has committed error apparent on the face of the record by passing the order impugned denying benefit to the daughter.
The earlier judgement of the Supreme Court namely Prakash and others v. Phulabati and others & Mangammal @ Thulasi and another v. T.B. Raju has no effect in view of the subsequent decision of the Larger Bench.
The daughter has a right to get the property of her father from the date the Amendment Act came into force.
Decision
The Writ Petition was allowed and the order dated 04.01.2020 passed by Claims is not sustainable in the eye of law and was quashed. However, the matter was remitted back to the Claims Commission for re-adjudication.
Seema Bhatnagar
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svt-archivo · 1 year
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04.01.2020 Twitter
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taeminrecuerdos · 1 year
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04.01.2020
Foto con mensaje de despedida de la gira 「TAEMIN 2ND CONCERT [T1001101] en JAPÓN」.
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shijo-shamuvel · 1 year
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04.01.2020...vibes (at Urambu) https://www.instagram.com/p/Cm-qpEStGPb/?igshid=NGJjMDIxMWI=
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pdfsayar · 2 years
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Karşı Penceremdeki Bela
10 sonuç Boyut Önizleme İndirme Devrim Mehmet PattabanoğluDevrim Mehmet Pattabanoğlu – şiirler – Yayın Tarihi: 04.01.2020 Yayınlayan: Antoloji.Com Kültür ve Sanat Yayın Hakkı Notu: Bu e-kitapta yer alan şiirlerin tüm yayın hakları şairin kendisine ve / …Kaynak: https://img.antoloji.com/i/sair/pdf/0/Devrim_Mehmet_Pattabanoglu_120300_80338.pdf 63 KB Önizle İndir Dinozor Nereden Geldi?penceremdeki…
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moneysubway4 · 2 years
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How Much You Need To Expect You'll Pay For A Good 7 Days Luxury Turkey Tour
The tour operator Mustafa Cevi̇z is most beneficial,variety and Qualified in organising the tour to fulfill our wants and needs. He's contactable and many supportive at anytime by cell phone and WhatsApp before and during our tour. He even satisfied us Individually at our lodge to spelled out all tour details. Start off the day off with a lovely breakfast within your hotel right before heading to a close-by artisanal workshop to check out and learn about some locally-produced leather-based goods are created by community craftsmen. PS: If this lodge checklist not obtainable at the time within your reserving then We're going to arrange equivalent other lodge for your personal group. If you like a distinct classification resort, there may very well be yet another Expense You will be picked up through the hotel using a VIP vehicle and transfer to the airport for your domestic business enterprise course flight. Wander the grounds of your Topkapi Palace to study the previous royal home of Ottoman sultans. The palace now operates to be a museum open up to the public to explore many rooms, courtyards, and gardens. Topkapi Palace is a powerful palace with really in-depth architecture. Love Valley the valley is situated a couple of kilometers far from Goreme. luxury tours of Turkey -shaped fairy chimneys can be found below. A few of All those cones break up into several cones within the upper facet of your valley. After you get there at your hotel in the evening, you are able to possibly consider section in a standard Turkish folklore night or take pleasure in some free time Checking out Cappadocia. With multiple thousand UNESCO Websites world wide, it can be mind-boggling. They are the 8 you should start with. Integrated boutique lodging are within a cave lodge, for a uniquely Cappadocian expertise that ensures a memorable stay. My family members excursion to Turkey w. e. file twenty eighth Dec/2019 to 04.01.2020 customised by Vacation Triangle without a doubt finished to our entire pleasure except for the Mascara lodge ,Cappadocia which was earlier booked as a cave resort was actually not. However the services for the lodge were being good. Also, the manual at Cappadocia did not just take us into the unground metropolis. I'd international excursions a number of periods Earlier also tailored by other vacation agencies, like MMT, but in my view Vacation Triangle is professionally a lot more proficient and prompt inside their responses to shoppers since they total each of the formalities perfectly in advance without having supplying any tension to the customers. Pamukkale, and that is Turkish for “cotton canyon”, is really a UNESCO Environment Heritage website well known for its strange white cliffs (travertines) and hot springs, that have been utilised being a spa for over 2000 years. Overlooking the travertines is the 12,000 seats historical Roman amphitheatre of Hierapolis. PR'Vili Rozi is found in Osilnica, 25 mi from Kočevje and presents a private Seaside place along with a terrace. The air-conditioned accommodations has free WiFi and cost-free private parking is available. You'll find a variety of Turkey Tours for all sorts of travelers – you could dive into Turkey's cultural heritage, go on experience excursions across the country, or learn the intensive record hidden inside of museums and ruins. The fantastic thing about Turkey is lined up with heat colors, Sunshine-kissed shorelines, pine-included forests, and historic Roman wonders. These exquisite exceptions performed an enormous role in bagging the region 16 UNESCO Globe Heritage websites. From the largest remnants of your Roman Empire to unique white travertine terraces of Pamukkale, Turkey has everything. 
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orvillepeckdaily · 4 years
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liam-93-productions · 4 years
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Liam via his IG story - 04.01
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an-attempt-to-study · 4 years
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04.01.2020
Busy busy day! Making some last minute for a competition and waking up way to early...
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seemabhatnagar · 23 days
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Delving into Legal Dynamics: A Case Study on Dishonor of Cheque
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Sudesh Kumar v. State of UP and another
WP 7895/2023
Before the High Court of Allahabad
Heard by Hon’ble Mr. Justice Dr. Yogendra Kumar Srivastava J
Order passed on 01.03.2024
Delving into Legal Dynamics: A Case Study on Dishonor of Cheque
Sudesh Kumar v. State of UP and another
WP 7895/2023
Subject: #DishonourofCheque
Before the #HighCourtofAllahabad
Heard by Hon’ble Mr. Justice Dr. Yogendra Kumar Srivastava J
#Order passed on March 1, 2024: There is no fault in the summoning order and the order passed in Criminal Revision. Hence the present #WritPetition is #dismissed.
The majority of us or our acquaintances must have come across situations where one is either the payer or the payee. What should we do in case the #cheque is #dishonored? Let us see.
#LegalPosition in Case of Dishonor of Cheque
The cheque is dishonored for two reasons (1)#insufficiency of #funds or (2)the #chequeamount #exceeds the #amountavailable in the #account of the #Drawer.
In such a situation, the #payee is #required to make a #demandforpayment, #within30 days of the #receipt of the #information from the #Bank, with the #Drawer.
Now #Drawer of the cheque has the #option to #makepayment #within15days of the #Receipt of the #LegalNotice or #Demand for payment.
If the drawer doesn't make payment within 15 days then #after the #expiry of #15days #payee has the right to #file a #Complaint against the #Drawer but #withinamonth.
Facts:
The petitioner issued a cheque in favor of the payee and it was presented in the bank on 18.09.2019. The cheque was returned to the payee on 17.12.2019 with the endorsement ‘insufficient fund’. Vigilant Payee within 30 days of receiving the memo from the Bank sent Legal Notice of dt 04.01.2020 to the Petitioner. Notice was received by the petitioner on 08.01.2020. The petitioner had 15 days in hand to make payment counting from 08.01.2020. But he kept silent. 15 days expired on 23.01.2020 & cause of action arose on 23.01.2020 for filing a complaint. The payee filed a Complaint on 20.02.2020 within the stipulated time frame.
#Analysis
1. In this case, the petitioner drawer had the option to pay within 15 days of receiving the Legal Notice to the Payee. He didn't make payment despite the demand. Therefore, after the expiry of 15 days, the payee filed a complaint against the Drawer.
2. "The petitioner is contesting on the point that the payee received legal notice on 08.01.2020 and accordingly, 15 days expired on 23.01.2020. Whereas, Payee filed a complaint on 20.02.2020 much beyond the period of limitation. Hence, the complaint is liable to be rejected."
3. The payee is calculating the period of limitation (15 days) from 08.01.2020. However, the period of limitation to file a Complaint begins after the expiry of 15 days of receipt of the Legal Notice and it expired on 23.01.2020.
#CourtProceeding
1. Cognizance was taken and summoning orders were passed against the Petitioner. Against the summoning order, Petitioner filed Criminal Revision but in Crl. Revision, the summoning order was upheld.
2. Aggrieved with the orders Petitioner approached the High Court on the technical ground to get the complaint dismissed so that he may escape from the liability of making payment.
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svt-archivo · 1 year
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04.01.2020 Twitter
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taeminrecuerdos · 1 year
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04.01.2020
Publicación en la cuenta de Instagram @ _sungkwan.kim_ del director de escena y coreógrafo.
🔗fuente
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modern-hippie-love · 4 years
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Grateful to have friends to safely visit during this time 🦩
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fortheloveofmylifem · 3 years
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Es ist nichr in Worte zu fassen, wie sehr ich diesen Jungen liebe. Ich liebe ihn mehr als alles andere und immer wenn ich ihm in die Augen schaue, sehe ich eine Zukunft mit ihm und das ist so schön.
Er macht mich überglücklich. Ich kann mir eine Zukunft ohne ihn einfach nicht vorstellen. Denn er ist meine Zukunft ❤️
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04.01.2020 Cumartesi sprint
Jog + driller + arttırma
120m: 19.6 (dışarıda)
7dk
2×80m: 12.59 - 12.68 (dışarıda)
6dk
2×60m: 9.91 - 9.6 (içeride)
6dk
3×40m: 6.06 - 6.03 - 6.07 (içeride)
4dk
5×30m: 5.16 - 5.10 - 5.06 - 5.13 - 5.19 (içeride)
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notxjustxstories · 4 years
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Plot Bunny: Where in the World
Lucy’s life as a mob princess wasn’t cut short by her father’s arrest. In fact, she’s still rolling in green, even if she isn’t too happy about it. But when she comes across Carmen Sandiego, she finds a way to give back, to undo all the damage done by her family. And she’s not passing it up.
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