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Special Acts and the Transfer of Property Act, 1882 - Harish Chandra Hegde v. State of Karnataka

Published : March 27, 2017 | Author : Ruchira | Unrated
Total Views : 322
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Property is one of the fundamental elements of the life of an individual. The Transfer of Property Act was enacted in order to provide definite statutory laws that regulated the transfer of property. The preamble clearly defines that the Act deals specifically in cases of transfer made through the act of parties. Therefore, in cases where the transfer is made under certain other laws, the Act would not be applicable. The Act also is not applicable to cases where the provisions of a special legislation are in conflict with the provisions of the Act. This was held in the case of Harish Chandra Hegde v. State of Karnataka. After the judgement passed in this case, it has been the authority in cases reflecting conflicts between special laws and the Transfer of Property Act.
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Section 8 is the most important part of the act and it is very simple for officialdoms to reject the request for information if it falls under any of these long, general and ambiguous clauses of exemptions. This section is general and can be interpreted in either way...

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