Proof Of Will : Onus Is On The Propounder To Remove Suspicious Circumstances : Kerala High Court

The Kerala High Court has recently ruled that if there exist suspicious circumstances surrounding the execution of the will, it is the onus of the propounder to remove all those reasonable doubts in the matter and the test to be applied in this connection is satisfaction of judicial conscience.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha observed that suspicion...

Obligatory To File An FIR For Seizing Vehicles Under The Gujarat Mineral Rules, 2017: Gujarat High Court Directs Release Of Tractor Without Bank Guarantee

Justice Vaibhavi Nanavati of the Gujarat High Court has recently held that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce the seized properties with the Court on expiry of the specified period. In the absence of such exercise, the Court noted, the purpose of seizure and bank guarantee would stand frustrated and consequently,...

There Must Be Independent Application Of Mind & Some Reasoning While Deciding Writ Appeal: Supreme Court

The Supreme Court observed that there must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal.In this case, the Single bench of the Allahabad High Court allowed a writ petition and directed the District Inspector of Schools, Raebareli to ensure the regular payment of salary to the...

Delhi High Court Weekly Roundup: February 28 To March 6, 2022

CITATIONS 2022 LiveLaw (Del) 151 TO 2022 LiveLaw (Del) 171NOMINAL INDEXRAVNEET KAUR v. PRITHPAL SINGH DHINGRA 2022 LiveLaw (Del) 151BHARATI SHIVAJI & ANR v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 152Rashtriya Pravasi Parishad v. Union of India & Ors. 2022 LiveLaw (Del) 153Rohit Shukla v. DGMS (Army) 2022 LiveLaw (Del) 154Nokia India Private Limited Versus Assistant Commissioner...

Trial Court Cannot Direct Life Sentence Should Extend To Remainder Of Life Without Remission : Supreme Court

The Supreme Court has reiterated that Trial Court does not have the jurisdiction to sentence an accused to life imprisonment which is to extend to the remainder of their life. Taking note of the Constitution Bench judgment in Union of India Vs. V. Sriharan @ Muruganand Others 2016 (7) SCC 1, a Bench comprising Justices Ajay Rastogi and Abhay S. Oka modified the sentence of...

Company Secretary Exam : CS Student Moves Supreme Court To Direct ICSI To Retain Old Syllabus Attempt Till December 2022

A student pursuing CS has approached Supreme Court seeking the extension of old syllabus attempt till December 2022. Preferred by Aditya Vikram Singh as petitioner in person, it has been argued that some students were unable to give exam due their helplessness and some family problems and now old syllabus students are being asked to give exam under new syllabus. "The Old...

Delhi Riots: Court Denies Bail To Former AAP Councillor Tahir Hussain In Money Laundering Case

A Delhi Court on Saturday denied bail to former Aam Aadmi Party Councillor Tahir Hussain in a money laundering case registered against him in connection with the North East Delhi riots of 2020. Additional Sessions Judge Amitabh Rawat denied bail to Hussain in a case registered by Enforcement Directorate under sec. 3, 4 and 70 of Prevention of Money Laundering Act, 2002. The case was...

Nominated Councillor Cannot Be Appointed As Leader Of The House : Bombay High Court

The Bombay High Court has held that a nominated councillor cannot be appointed as leader of the house under section 19-1A of the Maharashtra Municipal Corporation Act, 1949 (MMC Act). A division bench of Justices AA Sayed and SG Dige observed that under section 19-1A only an elected councillor, directly elected at Ward elections, is eligible to be appointed as 'Leader of the House.'...

Out Of 48 Chief Justices of India, When We Speak Of Courage, We Remember The One Who Wasn't Made CJI: Justice Akil Kureshi

Though we have had 48 Chief Justices of India, when we speak of courage, we remember the one who was not made the CJI, Justice Akil Kureshi, the outgoing Chief Justice of the Rajasthan High Court, said during his farewell speech on Saturday, referring to legendary judge Justice HR Khanna, who lost his due CJI post after his famous dissent in the ADM Jabalpur case.Justice Kureshi's reference...

Madras High Court Grants Interim Stay On Notification To Dissolve & Re-Constitute TN Child Rights Commission

Madras High Court has granted an interim stay on the government notification that dissolved the Tamil Nadu Commission for Protection of Child Rights (Commission/TNCPRC) in its entirety and proposed to reconstitute the same.A single bench of Justice Dr. Anita Sumanth was considering the plea by one of the commission members, Dr. Saranya T. Jaikumar. Dr. Saranya is the only member who...

Calcutta High Court & Subordinate Courts To Resume Physical Hearings From Tuesday, March 7

The Calcutta High Court on Saturday has issued a notice communicating its decision to resume physical hearings from Tuesday i.e. from March 7, 2022. However, virtual hearings can be opted by senior lawyers over 65 years of age or lawyers with comorbidities or other problems after complying with the laid down procedure. As West Bengal has been witnessing a drop in Covid-19 cases recently, the...

'I Consider It A Certificate Of Independence' : Justice Akil Kureshi On Centre's "Negative Perception" About His Judicial Orders

Justice Akil Kureshi, the outgoing Chief Justice of the Rajasthan High Court, made certain significant statements in his farewell speech on Saturday. Justice Kureshi's non-elevation to the Supreme Court, despite being the senior most Chief Justice in the country, has become a point of discussion among the legal fraternity, amid the widespread perception that the Central Government is not in...