How Courts Handle Restrictions on Beneficial Laws

2025 0 Supreme(Ker) 2547

This provision is distinct from Rule 7. Rule 6 contemplates assignments made for the beneficial enjoyment of an adjoining registered holding. ... However, while issuing a patta, a restriction was introduced, declaring the land to be inalienable for twelve years. This restriction is under challenge in the present proceedings. ... “Beneficial enjoyment,” as defined in Rule 2 (cd), includes purposes such as ....

2024 0 Supreme(Bom) 320

Suffice it to say that such restriction or obligation is not absolute, but has to result in impediment of the beneficial use or enjoyment of the land. ... It is thus evident that restriction on the enjoyment of the property transferred absolutely can only be imposed for the beneficial enjoyment of another piece of such property. ... The second part of Section 11 however provides for an exception to the general rule and per....

High Court Malaya Kuala Lumpur

and it does not contain such a provision, this constitution is deemed to contain that provision." ... [71] This provision clearly recognises the existence and importance of beneficial ownership of shares, distinct from legal or registered ownership. ... ICAP's imposition of the 20% limit on foreign shareholding and the consequent restriction on the voting rights of foreign shareholders, without amendment....

2023 0 Supreme(Cal) 145

The first limb of challenge is that, by such restriction, the State Government has curtailed drastically the wider participation of members of the general community. ... Before deciding the issues raised, it would be beneficial to set out the impugned Clause, that is, Clause 3 of the Memorandum dated June 16, 2010. The same reads as follows: “3. ... Thus, a residuary provision has also been incorporated in the impugned Memo to mandate issua....

- This is an appeal from an order of the Commissioner of Requests, Colombo, for the ejectment of a tenant from premises to which the Rent Restriction Act, No. 29 of 1948, applies. ... Colombo, 46,054 Rent Restriction Act, No. 29 of 1948-Joint landlords-" Reasonable requirement "" of premises for some only of them-Tenant's liability then to be ejected-Sections 13 (1) (c), 27-Interpretation Ordinance (Cap. 2), s. 2. ... For these reasons it was held t....

2022 Supreme(US)(ca11) 15

As noted above, a debtor’s property is excluded from his bankruptcy estate pursuant to federal law if: (1) the debtor has “a beneficial interest in a trust”; (2) the interest has a restriction on transfer; and (3) the restriction is enforceable under either state or federal law. ... Section 541(c)(2) provides that “[a] restriction on the transfer of a beneficial interest of the debtor in a trust that is e....

2023 0 Supreme(Ker) 335

As in the case of grant of maternity benefit, CCL is also a beneficial provision to advance the interest of woman and children as envisaged in Article 15(3) of the Constitution. ... Needless to say that the beneficial provision in Rule 43-C is two dimensional, one from the perspective of the mother and the other, more importantly, of the child. 12. ... Mathew.K.Jacob and others [(2020) 14 SCC 126] the Hon'ble Supreme Court....

2022 0 Supreme(Gau) 936

Vikramjit Banerjee appearing for the Union of India, that the criminal provision was never utilized as there was a significant hiatus in enabling the functioning of such a provision. ……….. ……….. 63. ... The petitioner no. 1 is one Shri Banamali Das against whom, the allegation is of being a benami holder and the petitioner no. 2 is one Shri Bhagya Kalita, who is the beneficial owner. ... The petitioner no. 1 is one Shri Sailen Das against w....

2025 Supreme(Online)(Ker) 12913

The Full Bench frowned upon the second proviso to Rule 59(iii), since there was a direct dichotomy with the beneficial provision under Section 4(5) of the Central Act. The same logic cannot apply insofar as the first proviso is concerned. ... It is true that in paragraph no.5 of the judgment, the Division Bench held that the restriction under the first proviso does not apply to societies, where the Payment of Gratuity Act is applicable in v....

2023 0 Supreme(Ker) 422

that is envisaged in cases where the exemption provision is construed as a beneficial one having as its purpose the encouragement or promotion of certain activities. ... As observed at paragraph 27 in Mother Superior Adoration Convent (supra), the beneficial purpose of the exemption contained in Section 3(1)(b) of the Act must be given full effect to and a literal formalistic interpretation of the statutory provision is to....

Current Civil Cases

Once a dispute with respect to the property is settled by a decree, it must be binding on assignees or legal representatives of both parties in the suit as the case may be. There shall not be any second litigation in respect of the same right over the same property on same cause of action. 10. Sec.146 of the CPC was introduced for the first time in the Code of Civil Procedure, 1908 with the object of facilitating the exercise of the rights by person in whom they come to be vested and against ....

2014 0 Supreme(Ker) 792

10. Section 146 of the C.P.C. was introduced for the first time in the Code of Civil Procedure, 1908 with the object of facilitating the exercise of the rights by person in whom they come to be vested and against whom an obligation or liability is cast, by devolution of assignment. This beneficial provision must be construed liberally so as to advance the object of the provision and that not in restricted or technical sense. There shall not be any second litigation in respect....

2011 0 Supreme(All) 2246

So, the beneficial provision will have to be applied. Thus, there are conflicting decisions on the point involved in the case.

2011 0 Supreme(P&H) 642

In deserving cases, there could always be a scope of some interference by condoning the delay. Any provision, which is made for making of the payment within some time bound period, may have to be followed. If that strict view is adopted, it will make the provision look arbitrary. However, such beneficial provision cannot be so strictly construed as to call for no exception.

2006 0 Supreme(Bom) 1582

The provision in that sense is beneficial to both the sides, and such a provision cannot be interpreted to give benefit to only one class. The contention on behalf of the respondent, therefore, that the remand order merely gives effect to the beneficial provision in favour of the tenant cannot be accepted. The legislature in its wisdom, while making beneficial provision for the tenant, has also taken care to ensure that it does not result in prejudice to other side i.e. the l....