DRT Presiding Officer Moves Supreme Court Against Adverse Observations Of P&H High Court

The Presiding Officer of DRT-II Chandigarh has moved the Supreme Court against the adverse observations made by the Punjab and Haryana High Court that is alleged to have grave consequences impacting his performance of legal duties.In the present Special Leave Petition, the Officer has claimed that the impugned order passed by the High Court (23.03.2023) has a devastating effect on his...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]

Q.6 What is meant by saying that “a person died intestate” ? Ans. It means that the person died without having executed a Will. His properties will, therefore, be subject to the personal law of succession and inheritance. Q.7 What is meant by “succession” ? Ans. Succession means the transmission of the rights and obligations of a deceased person to his heirs under the...

Bombay High Court Refuses Immediate Relief To Advocate Gunratan Sadavarte Over License Suspension, Asks Him To File Appeal Before BCI

Observing that an alternate statutory remedy was available, the Bombay High Court on Thursday refused to immediately intervene in the plea filed by controversial Advocate - Gunratan Sadavarte - against the Bar Council of Maharashtra and Goa’s order suspending his license to practice for two years.However, the bench led by Justice Gautam Patel said it was “not completely shutting its...

Manipur High Court Directs State To Decongest Traffic Near Old Secretariat, Complete Construction Of New Secretariat Building In 3 Months

The Manipur High Court on Thursday directed the state government to decongest the traffic on national highway in front of the Old Manipur Secretariat by making arrangements for proper parking of vehicles on both sides.The direction came to be passed by a bench comprising Acting Chief Justice M.V. Muralidharan and Justice A. Guneshwar Sharma while hearing a Public Interest Litigation filed...

Settlement Deed In A Partition Suit Must Include Written Consent Of All Parties; Consent Decree Among Only Some Parties Not Maintainable : Supreme Court

The Supreme Court Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala, while adjudicating an appeal filed in Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors., has held that in a suit for partition of joint property, a decree by consent amongst only some of the parties cannot be maintained. When a settlement deed has been executed in respect of a joint...

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital

A plea has been filed in the Delhi High Court seeking directions for the Union of India and Delhi government to consider enacting the Advocates Protection Act in the national capital. The petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district courts in Delhi. The petition...

Trial In Delhi Riots UAPA Case Likely To Commence Soon As 'Supply Of Documents' Stage Concluded For All Accused, Except One

The trial in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots is likely to commence soon as a Delhi Court has concluded the stage of supply of documents under section 207 of CrPC in respect of the accused persons, except Devangana Kalita. This would mean that the trial court will now proceed to the stage of framing of charges against 18 accused persons, more than...

Resolution Professional Under IBC Will Come Within Meaning Of 'Public Servant' Under Prevention Of Corruption Act: Jharkhand High Court

A recent ruling of the Jharkhand High Court has made it clear that a Resolution Professional will be considered a public servant under both sections 2(c)(v) and (viii) of the Prevention of Corruption Act, 1988 (PC Act), because his office entails the performance of functions that are in the nature of public duty. A bench comprising Justice Gautam Kumar Choudhary passed the above...

'Set Your House In Order' : Supreme Court Warns Defence Ministry After Women Army Officers Allege Discrimination in Promotions [Read Full Courtroom Exchange]

The Supreme Court of India on Wednesday (April 5) pulled up the defence ministry over allegations of unfairness and discrimination in rank promotion for women army officers who were granted permanent commission following its landmark Babita Puniya decision. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala was hearing a couple of applications preferred by women...

Pension And Other Retirement Benefits Valuable Right, Delay In Disbursement Must Be Compensated By State: Patna High Court

In a recent ruling, the Patna High Court has allowed a writ petition seeking payment of pension arrears of the petitioner’s late husband along with statutory and penal interest for the period between March, 2009 to June, 2017 from the Water Resources Department.BackgroundThe petitioner's late husband was appointed as a Correspondence Clerk in the Water Resources Department in 1968 and...

Casual Approach Of Courts In Dealing With Attacks On Health Personnel Also Contributes To Tendency Of Resorting To Such Violence: Kerala High Court

The Kerala High Court recently set aside the bail granted by a sessions court to two persons who allegedly a attacked a doctor after a woman gave birth to a still-born child at the hospital.A single bench of Justice Bechu Kurian Thomas expressing concern about the continued attacks on doctors observed:“Doctors continue to face threats, when a mishap occurs to a patient. Even for the...

“Sikkimese” Is Only For The Purposes Of The Income-Tax Act, 1961, And Not For Any Other Purpose: CBDT Clarifies

The Central Board of Direct Taxes (CBDT) has clarified that the “Sikkimese” are defined only for the purposes of the Income-tax Act, 1961, and not for any other purpose.The amendment to section 10(26AAA) of the Income-tax Act, 1961 by the Finance Act, 2023 while following the decision of the Supreme Court in the case of Association of Old Settlers of Sikkim vs Union of India. The Apex...