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“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XIV]
Q.66 Is not the applicant exempted from executing a bond in a case where the proceedings are non-contentious ?Ans. No. Exemption from executing the bond on the ground that the proceedings were non-contentious, is not contemplated by Rule 18 of the Succession Rules, 1968 (Kerala). (Vide In Re Mariamma Thomas (2006) 2 KLT 11 = 2006 KHC 529 – K.M. Joseph - J).Q.67 What is the...
Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service
The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal filed by an advocate against the BCI’s decision to bar him...
Section 311 CrPC | Power To Recall Witness Must Be Invoked When It Is Essential For Just Decision : Supreme Court
The Supreme Court recently allowed an application filed by a witness under Section 311 of the Code of Criminal Procedure seeking to call him again for examination. The Court allowed the plea taking note of the fact that in his initial deposition, there was no occasion for him to bring on certain facts, which became relevant after the examination of the expert witness. The Court quoted a...
Branding Person To Be Born A Criminal And Treating It As A Hereditary Phenomenon Was Born Out of Some Wrong Historical Notions: Justice Vishwanathan
31st August this year marks the 71st year of repeal of the Criminal Tribes Act, 1871 (CTA). A number of communities belonging to the Denotified Tribes celebrate this day as Vimukta Divas, the day of independence from the CTA, until its repeal in 1952.On the eve of this day the Criminal Justice & Police Accountability Project in association with Live Law organized a Vimukta Day lecture...
Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal (MACT). The apex court expressed disappointment over the approach taken by the High Court in evaluating the evidence and reinstated the MACT's verdict.The Court observed “It is unfortunate that in a case of the present nature, the High Court while assessing the evidence available on record,...
Manipur Lawyers Withdraw From Prof Kham Khan Suan Hausing's Case After Mob Attack
The home of a lawyer representing Kuki Professor Kham Khan Suan Hausing before the Manipur High Court was vandalised by a mob. The home of Advocate Soiraisham Chitaranjan was attacked.Following this, Chitarajan and three other lawyers - Victor Chongtham, Th. Zingo, and A Priyokumar Sharma - had to decide to not appear for Professor Huasing in the Manipur High Court. They filed a memo in the...
Advocate Acting As Real Estate Agent & Selling Client's Property Amounts To Misconduct : Supreme Court Upholds BCI Penalty
The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal from...
Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court
Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal(1 September 2023).In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year 1996. The First Appellate Court...
Shadow Of Criminal Tribes Act 1871 Still Looms Large : Supreme Court Judge Justice KV Viswanathan
Justice KV Vishwanathan delivered the keynote address on “Policing of Habitual Offenders: The Enduring Legacy of the Criminal Tribes Act in India” to commemorate Vimukta Day(August 30). This day marks the repeal of the Criminal Tribes Act 1871 (Act). The Act was the most draconian law passed by the British colonial state, under which millions of nomadic and semi-nomadic communities...
Centre's Committee On 'One Nation, One Election' Will Examine If Constitutional Amendments Require Ratification By States
The Central Government has notified the constitution of a 'High Level Committee' to examine the concept of 'one nation, one election' (simultaneous elections to Lok Sabha State Legislative Assemblies and local bodies).The Committee will be headed by former President of India Ram Nath Kovind. Union Home Minister Amit Shah, Leader of Opposition Adhir Ranjan Chowdhury, Former Leader of Opposition...
Centre Notifies Appointment Of AOR Sibo Sankar Mishra & Judicial Officer Ananda Chandra Behera As Orissa HC Judges
The Centre on Saturday notified the appointment of Sibo Sankar Mishra, Advocate-on-Record and Ananda Chandra Behera, Senior Judicial Officer as Judges of Orissa High Court. The Collegium of the Supreme Court comprising Chief Justice of India DY Chandrachud, Justice SK Kaul and Justice Sanjiv Khanna had recommended their names for such appointment on August 17, 2023.While recommending the name...
NEET PG: Supreme Court Grants Relief To Candidate Denied Benefit Of OCI Card Holder Based On 2021 MEA Notification
The Supreme Court recently granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India(OCI) card holder by the All India Institute of Medical Sciences (AIIMS). Finding the rejection of her application as an OCI candidate to be illegal, the Court directed to be considered in remaining counselling rounds by the AIIMS and other NEET-PG...