Hindu Converted To Islam Is Entitled to Inherit Father’s Property: Bombay HC [Read Judgment]

Hindu converted into other religion is not disqualified to claim the property under Section 26 of the Hindu Succession Act, the court observed.The Bombay High Court has observed that a Hindu, who converted to other religion, is entitled to his/her father's property if father died intestate.Justice Mridula Bhatkar observed that the right to inheritance is not a choice but it is by birth and,...

‘Specific Performance To Be Compulsorily Ordered By Courts’- Know About Changes Proposed By Specific Relief Amendment Bill [Read The Bill]

The Lok Sabha recently passed the Specific Relief (Amendment) Bill 2018, proposing to bring significant amendments to Specific Relief Act 1963.One of the major features of the amendment is that it makes the grant of specific performance of contracts compulsory, by taking away the discretionary power of courts. As per Section 10 of the Act (as it stands now), specific performance of...

‘I Believe It Is Primarily My Responsibility To Rectify It’ : Justice GS Patel Rectifies His ‘Per Incuriam’ Order By A Suo Motu Review [Read Judgment]

I should not, I think, permit anyone to even inadvertently fall prey to the mischief that I decried. Last, having realized the error, I believe it is primarily my responsibility to rectify it, the Judge said.Justice Gautam Patel, suo motto reviewed his order he delivered in January, last year after he realized that it was an error and a particular Rule has been overlooked by him.The Judge...

NEROs WE ARE

When speech is the duty, it is a sin to be silent. The hottest place in hell is reserved for such sinners, it is said. We may not be able to reserve the cosiest part of heaven for ourselves, but try we must dereserve the hottest spot in hell. Let me try.I do read a lot about the "misfortune" of Justice K.M. Joseph. I also hear about the "embarrassment" of Ms. Indu Malhotra, the first woman recommended for Judgeship directly to the Supreme Court.I am not at all on the "misfortune" of Justice...

SC Paves Way For Housing, Commercial, Redevelopment Projects In Mumbai With Rider Of Proper Disposal As Pre-Condition [Read Order]

Paving the way for hundreds of residential and commercial projects in Mumbai which had come to a halt following the Bombay High Court ban on new construction due to poor disposal of construction and demolition waste, the Supreme Court on Thursday permitted construction activity with a rider that builders/ developers would be employing adequate safeguards to prevent dust particles dispersing...

Remembering Justice Bharuka (June 15, 1941- March 15, 2018)

Former Acting Chief Justice of the High Court of Karnataka Dr Justice GC Bharuka passed away in New Delhi in the early hours of Thursday.He was born on 15.06.1941. After completing his studies, he started law practice in 1968 from Patna High Court. He was designated a senior advocate in 1984, elevated to the bench in 1990 and later transferred as a judge of the Karnataka High Court in...

Enact Anti-Torture Law, Possibly In Current Budget Session: Former Law Minister Dr. Ashwani Kumar Writes To PM Modi [Read Letter]

Almost three months after the Centre assured the Supreme Court that it was "seriously considering" the Law Commission of India report that had recommended ratification of UN Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, Former Law Minister Dr. Ashwani Kumar has now written to Prime Minister Narendra Modi, highlighting the need for an...

Access To Legal Aid In India : An Unfulfilled Promise ?

Why Legal Aid?Access to legal services continues to be a challenge for a substantial segment of the Indian population due to geographical, resource and infrastructure constraints. Since legal representation is costly and out of reach for the disadvantaged, the need for legal aid arises. The problem has been compounded by the failure to mainstream legal-aid services, particularly for the marginalized sections at the panchayat levels. Marginalised communities, especially rural and tribal...

"Your Lordship Is One Of The Most Patient Chief Justice I have Ever Seen : Dhawan To CJI Misra

Talk about courtroom humour, and Senior advocate Rajiv Dhawan never disappoints.Dhawan again provided some lighter moments amidst the high-voltage Ayodhya case hearing in a packed courtroom No.1 of the Supreme Court today.At one moment when Chief Justice Misra disagreed with Dhawan that he had not argued a particular point on an earlier date regarding reference of the case to a larger...

Exclusive: Judges Appointment-A Ping Pong Game?Is Indefinite Sitting Over The Files Choking The Judicial System?

LiveLaw has been collecting data about the pending recommendation of names of persons for appointment as judges to different High Courts. The data collected about the High Courts of Allahabad, Mumbai ,Calcutta, Chatisgarh, Delhi, Gauhati, Gujarat, Jammu and Kashmir, Jharkhand, Karnataka, Madras, Madhya Pradesh, Punjab & Haryana and Tripura shows a very sad state of affairs regarding...

Administering Oath To Accused While Recording Confessional Statement Unconstitutional: Sikkim HC (FB) [Read Judgment]

Not only administration of oath on an accused while recording his confession is prohibited, unlawful and illegal but also that the said act cannot be cured under Section 463 CrPC. Administration of Oath upon an accused while recording confession has a direct bearing on the voluntariness of the confession and voluntariness is sacrosanct, the bench observed.A full bench of Sikkim High Court,...

Medical College Bribery Case: RTI Reply Reveals CJI Wrote To President’s Secretariat For Removal Of Allahabad HC Judge

Armed with the in-house committee report that made adverse remarks against Allahabad High Court Judge, Justice Narayan Shukla, Chief Justice of India Dipak Misra has written to the President’s Secretariat requesting them to initiate removal proceedings against the Judge.A probe against Justice Shukla was initiated by the CJI in November last year, and a three-member...