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Gulshan Prakash v. State of Haryana (2010) 1 SCC477

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Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary  Introduction  In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.  The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions  MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.  The Government o

Difference Between Movable and Immovable Property

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This article is written by a second-year student of Delhi University, Faculty of Law , on a very indispensable topic in Property Law.  Movable Property Definition - Transfer of Property Act, of 1882  does not define "movable Property" explicitly however movable property is that property which can be moved from one place to another. Section 2 Sale of Goods Act -   Movable property includes stocks, shares, growing crops, and grass.   General Clause Act, 1897 - Movable property shall mean the property of every description except immovable property  Registration To Transfer a movable Property registration is not required by law.  Examples of movable property are jewelry, cars Etc. Immovable property  Definition - Immovable property are those properties that are unable to change their place.   "Indian Registration Act,1908" immovable property includes ; Land  Building  Hereditary allowance (payable out of income of land )  Right to ways  Lights  Ferries  Fis

Shanta Bai v. State of Bombay , 1958

Shanta Bai v. State of Bombay, 1958  Facts The owner of the forest executed an unregistered document styled as a lease in favor of his wife named Shanta Bai As per the deed, the right was conferred upon her to enter the estate for cutting and taking out bamboo, fuel wood, and teak for consideration of Rs 26,000 for a period of Twelve and half years. At   the same time, she was prohibited from cutting teak plants that were under the height of one and a half feet. Later on "M.P Abolition of Proprietary Rights Act, 1950" was passed, which transferred all the rights to the estate. The plaintiff was stopped from cutting trees, by a forest officer. She appealed under Article 32 before the Apex court after the verdict passed by the High Court was against her.   Plaintiff contention The contended property was movable and for transferring it doesn't require registration of the document.  Defendant contention It is immovable property and the document transferring the said property