Non-Obstante Clause In S. 109A(3) Of Companies Act 1956 Doesn't Exclude Legal Heir From Claiming Securities Against Nominee: Supreme Court

The Supreme Court has held that the non-obstante clause in both Section 109A(3) of the Companies Act, 1956 & Bye-law 9.11.7 of the Depositories Act, 1996, does not exclude the legal heirs from their rightful claim over the securities, against the nominee.The sole purpose of the non-obstante clause is to allow the company to vest shares upon the nominee to the exclusion of any other...

LIVE Now : 4th Professor Shamnad Basheer Memorial Lecture By Prof.Mohanl Gopal

LIVELAW is organising 'The Fourth Professor Shamnad Basheer Memorial Lecture 2023' on the topic 'The Judiciary In A Democracy: Contemporary Challenges And Responsibility. The lecture will be delivered by Prof. (Dr.) G Mohan Gopal.Dr. G Mohan Gopal, was Director of the National Judicial Academy from 2006 to 2011. From 2012-2019 Prof. Gopal was the founder Chair of the National Court...

Parliament Security Breach: Delhi High Court Stays Trial Court Order For Supply Of UAPA FIR To Accused Neelam Azad

The Delhi High Court on Friday stayed a trial court order directing the Delhi Police to supply copy of the FIR, registered by it under Unlawful Activities (Prevention) Act, to accused Neelam Azad, arrested over recent security breach in the Parliament.Justice Swarana Kanta Sharma stayed the execution of the trial court order passed yesterday and issued notice on Delhi Police's plea which...

Criminal Minor Acts - Supreme Court Half Yearly Digest 2023

Juvenile Justice (Care and Protection of Children) Act, 2015Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 9 (2) - Once the applicant has discharged his onus, in support of his claim of juvenility by producing the date of birth certificate from the school, the State had to come up with any compelling contradictory evidence to show that the recordal of his date of birth...

Nomination Process Under Companies Act Does Not Override Succession Laws: Supreme Court

The Supreme Court has held that the nomination process under the Companies Act, 1956 (pari materia Companies Act, 2013) does not override succession laws. It is beyond the scope of the company's affairs to facilitate succession planning of the shareholder. In case of a Will, it is upon the administrator or executor under the Indian Succession Act, 1925, or in case of intestate succession,...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VI]

Q.26 Whether a “confession” made while in “police custody” is admissible in evidence and is there any exception ? Ans. No. A mere confession made by an accused person to a police officer cannot be proved against such accused person in view of the bar under Section 25 of the Evidence Act. Likewise, a confession made while in the custody of a police officer also cannot be...

Supreme Court Judgments On Bail In 2023

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence: SCThe Supreme Court held that an accused cannot claim the benefit of default bail when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence, and when the...

Supreme Court Initiates Public Consultation To Prevent Use Of Harmful Stereotypes Against Persons With Disabilities In Legal Setting

Supreme Court Calls For Public Consultation On Harmful Stereotypes Concerning Persons With Disabilities In Legal ContextIn 2023, the Supreme Court took a significant step by unveiling the 'Handbook on Combating Gender Stereotypes,' designed to assist legal professionals in recognizing and steering clear of detrimental language and stereotypes related to women. As an extension of its commitment...

Supreme Court Sets Unprecedented Record Of Case Disposals In 2023

The Supreme Court recorded an unprecedented rate of disposal in 2023, by disposing of 52191 cases from 1 January 2023 to 15 December 2023.As per the Court statistics, the total disposal in the year 2023 stands at 52,191 in comparison to the total registration of cases which was 49,191. This means that this year, the Supreme Court was able to dispose of more cases as compared to the...

Parliament Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act

In a significant development during the winter session, the Rajya Sabha passed the three revised criminal law bills, namely, the Bharatiya Nyaya (Second) Sanhita, proposing to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, proposing to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian...

BREAKING | Parliament Passes Bill On Election Commissioners Appointment; CJI Dropped From Selection Panel

In a significant development during the Winter Session, the Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 on Thursday (December 21). The bill aims to regulate the appointment, conditions of service, and term of office for the chief election commissioner (CEC) and other election...

Bharatiya Nyaya Sanhita Prescribes Lesser Punishment To Doctors For Causing Death By Negligence Vis-A-Vis Other Offenders

The Bharatiya Nyaya Sanhita 2023, the bill which seeks to replace the Indian Penal Code 1860, has carved out a special classification for doctors in relation to the punishment for causing death by medical negligence. While the Sanhita enhances the punishment for causing death by negligence to imprisonment up to 5 years, if such death is caused by a doctor, then the punishment is imprisonment...