claimed as a matter of right, as it is not a vested right.
The Court should not stretch the provision by liberal interpretation beyond permissible ... succession by virtue of a right of inheritance. The object of the provisions should not be forgotten that it is to give succor
been resisting every
attempt to narrow down the scope of the rights guaranteed under Part III of
our Constitution.
76. Admittedly the provisions contained ... vanish as has
happened in the past. The fear that forgotten claims and discarded rights
may be sought to be enforced against the Government after
sentinel and as the guardian of equal rights protection should not be forgotten.
In State of Karnataka v. Uma Devi (supra) a Constitutional Bench
discretionary relief. It cannot be forgotten that grant of every
injunction entails declaration of rights and no injunction can be granted
without adjudicating conflicting rights
jurisdiction. As a constitutional
court it has a duty to protect the rights of the citizens but simultaneously
it is to keep itself alive ... inaction on the part of a litigant -- a litigant who has
forgotten the basic norms, namely, 'procrastination is the greatest thief of
time
substratum of the right has to be
preserved and promoted, when once it is brought within the
fold of fundamental right. A balanced ... yardstick will be somewhat different. It should
not be forgotten that the candidates' right to privacy is one of
SAILESH RANJAN
E.K. Narayanan Pandarathil vs P.K. Vasudevan Pillai on 3 July, 2014
Author: B
argument of learned Counsel for the appellants is that
when the substantive right under Section 6 of the Succession Act was
created in the year ... Kashinath and has claimed it in
her own right. New Section 6 , it cannot be forgotten, makes her a
coparcener in her own right
Page 22 of 34
tenant and that he had asserted his tenancy rights all along ever since his
father's demise. To the negative ... that they had all along asserted their tenancy
rights'.
(b) It should not be forgotten that DW8, in the same breath, also
stated
been
resisting every attempt to narrow down the scope of
the rights guaranteed under Part III of our
Constitution.
76. Admittedly the provisions contained ... vanish as has
happened in the past. The fear that forgotten claims
and discarded rights may be sought to be enforced
against the Government after
