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“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
COURT HAVING JURISDICTION TO GRANT SUCCESSION CERTIFICATEQ. 77 Which is the Court having jurisdiction to grant a Succession Certificate? Ans. The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death. (Vide Section 371 of the Indian Succession Act). If at that time...
Supreme Court Half Yearly Digest 2023 - Advocates & Bar Councils
Advocate making baseless allegation that another lawyer took money in judge's name; Supreme Court affirms contempt of court proceedings. Gunjan Sinha @ Kanishk Sinha v. State of West Bengal, 2023 LiveLaw (SC) 230Advocates Act 1961 - No provisions prohibit BCI from prescribing pre-enrolment exam- Neither these provisions, nor the role of the universities to impart legal education, in any...
CBSE Opposes 'One Nation, One Education Board' Plea In Delhi High Court; Says Child Can Better Relate To Curriculum Based On Local Context, Culture
The Central Board of Secondary Education (CBSE) has objected to a petition in the Delhi High Court seeking the implementation of uniform school syllabus and education board across the country."The Uniform Board/Syllabus across India does not take into account the local context, culture and language. There is a national framework with flexibility for the emphasis of local resources, culture...
'No Fault With Police In Encounter Killings & Atiq Ahmed Murder' : UP Govt Files Report In Supreme Court
In a significant development, the State of Uttar Pradesh has submitted a detailed status report in response to a Supreme Court directive issued on August 11, 2023, in the case of Vishal Tiwari v. Union of India. The Supreme Court had ordered the submission of an Affidavit outlining the stage of investigation or trial in cases specified by the petitioner, and also to consider existing reports...
Explainer : Why Women's Reservation Bill Didn't Require Ratification By State Assemblies?
Yesterday, the President of India signed into law the women’s reservation bill that passed both houses of parliament with broad bipartisan support earlier this month. The Constitution (One Hundred and Sixth Amendment) Act, 2023 seeks to reserve one-third of seats for women in the Lok Sabha, the upper houses of the state legislatures, and the Delhi legislative assembly. Not only this, the...
Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court
In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”.The Court...
Kerala High Court Invokes Parens Patriae Jurisdiction To Select Name Of Child Born To Warring Parents
In an interesting development, the Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her estranged parents with respect to what her name should be.Justice Bechu Kurian Thomas reasoned that attempting to resolve the dispute between the parents will cause inevitable delay and in the meanwhile, the absence of a name would not...
Uddhav Thackeray v. Eknath Shinde: Uddhav Faction Moves Supreme Court Against Maharashtra Speaker To Quicken Disqualification Proceedings
In another development in the Shiv Sena crisis, the Uddhav Thackeray faction has approached the Supreme Court challenging the Maharashtra Legislative Assembly Speaker's decision to issue a schedule for hearing of the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde. As per the Uddhav Thackeray faction, the schedule, as per which the process of hearing would begin...
Cannot Ignore Ratio Laid In An Earlier Judgment Merely Because It Stands Referred To A Larger Bench : Supreme Court
In a recent judgement, the Supreme Court held that it cannot ignore the ratio laid down in an earlier judgment merely because the same stands referred to a larger Bench. A bench comprising of Justice Anirudhha Bose and Justice Bela Trivedi held that judicial propriety did not permit it ignoring the ratio laid down in the earlier judgement as no decision regarding the same had come out from...
'Chandrika' Soap Trademark Case: Supreme Court Restrains Mariyas Soaps & Chemicals From Using Trademark 'Chandra'
The Supreme Court recently restrained M/s Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ in an appeal filed by Wipro for being similar to its trademarked soap range ‘Chandrika’. ‘Till the next date of hearing, the respondents are restrained from using the trade mark/trade name “Chandra,” a bench of Justice Sanjiv Khanna and Justice S V N...
'Can Increase Child Marriages': Why Law Commission Has Advised Against Reducing Age Of Sexual Consent To 16 Years
The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ had ruled out reducing the age of consent to 16 years under the POCSO Act. “After a careful review of existing child protection laws, various judgements and considering the maladies of child abuse, child trafficking and child prostitution that plague...
Not All Divorces Have To Be Mutual, Nature Of Previous Divorce Irrelevant To Permit Marriage Under Special Marriage Act: Kerala High Court
The Kerala High Court has held that the registering authority did not have to look into the nature of divorce obtained by the parties while considering their marriage applications under Section 8 of the Special Marriage Act.The bench observed that the Registering Authority only has to be satisfied that neither party who intends to marry has a living spouse at the time of registration of...