News Muncher - category legal heirs

2 weeks, 2 days ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

India Society Bengaluru Karnataka Justice High Court Writ Petition

2 weeks, 5 days ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Live Law

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

Legal Trial Court Order Plaintiff Deceased Shankar

3 weeks ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Legal Notice Proceedings Act Person Dead Issued

3 weeks ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Legal Notice Proceedings Act Issued Deceased Assessee

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Live Law

A settlement deed created a life interest in the disputed property in favor of the Hindu Woman. Citation: 2024 LiveLaw 906 Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court Q 2. d. All of the above Answer: Option Explanation: The Supreme Court recently observed that expressions …

Law Supreme Court High Court Property Citation 2024 Based

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Live Law

A settlement deed created a life interest in the disputed property in favor of the Hindu Woman. Citation: 2024 LiveLaw 906 Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court Q 2. d. All of the above Answer: Option Explanation: The Supreme Court recently observed that expressions …

Law Supreme Court High Court Property Court Based Fir

1 month, 1 week ago

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court

Live Law

The Patna High Court has said that upon the death of Will's executor, his/her legal heirs cannot be substituted in place of the executor, adding that probate proceedings come to an end upon the death of the Will's executor. Placing reliance on Section 222 of the Indian Succession Act, 1925, Justice Arun Kumar Jha noted that the right to obtain …

Death Court Patna High Court Probate Proceedings Legal Heirs Executor Permissible Patna

9 months ago

Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner's Death: Supreme Court

Live Law

Recently, the Supreme Court held that the legal heirs of a deceased partner do not become liable for any liability of the firm upon the death of the partner.The case relates to the recovery of the investment made by the complainant in the partnership firm from the legal heirs of the deceased partner of the firm under the Consumer Protection …

Legal Liability Firm Partner Deceased Heirs Deceased Partner

1 year ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

Karnataka Justice Writ Petition Court Title 2024 Review

1 year ago

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Live Law

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005. A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order …

Legal Court Rights Right Hindu Amendment Daughter

1 year ago

Additional Fees For Changing Slum Developer's Structure Not Applicable When Owner Inducts Legal Heirs As Partners: Bombay High Court

Live Law

The Bombay High Court recently held that additional fees applicable for changing the structure of a slum developer company/firm and inducting third parties is not applicable when the owner inducts his legal heirs as partners in order to ensure smooth transition after his death. Justice Milind N Jadhav quashed an order of the Slum Development Authority directing a slum developer …

Legal Court Rehabilitation Office Order Fees Project

1 year, 1 month ago

MV Act | Apportionment Of Compensation Not Guided by Personal Laws, Consideration Of Dependency On Deceased Paramount: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court on Monday ruled that the Court cannot be guided by personal law while deciding on the compensation in a claim petition since it needed to be apportioned by taking into consideration the dependency of the Claimants. Overturning the decision of the Tribunal to deny compensation to two siblings of the deceased, the …

Law Personal High Court Compensation Personal Law Tribunal Deceased

1 year, 1 month ago

Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs

Live Law

The Delhi High Court has set aside an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs.Justice Navin Chawla allowed the petition moved by persons claiming to be legal heirs of …

Court Delhi High Court Order Tribunal Claim Deceased Dna Test

1 year, 6 months ago

Excise Commissioner Is Duty Bound To Cancel Liquor Licence On The Application Of Legal Heirs Of The Deceased: Bombay High Court

Live Law

The Bombay High Court, Goa Bench has held that when the legal heirs of the deceased license holder applied for cancellation, the excise commissioner was duty-bound to cancel it.The bench of Justice Bharat P. Deshpande has observed that the transfer of liquor licenses is at the discretion of the concerned authority.The petitioner challenged the order passed by the Commissioner of …

Legal Bombay High Court Transfer Order Commissioner License Excise

1 year, 9 months ago

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has recently ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions. In order to address the question as to whether, in the face of aforesaid provision, the present …

Insurance Death Petitions Accident Fir Bench Claim

1 year, 10 months ago

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs

Live Law

The Delhi High Court has stayed an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs. Justice Rekha Palli observed that the Tribunal failed to appreciate that a DNA test cannot …

Court Test Order Tribunal Dna Claim Deceased

1 year, 11 months ago

Convict's Death Does Not Discharge His Liability To Pay Fine Imposed By Court, Can Be Recovered From His Estate: Karnataka High Court

Live Law

The Karnataka High Court has said that death of the convict does not discharge his liability from paying fine and compensation imposed by court. A single judge bench of Justice Shivashankar Amarannavar made the observation while dismissing an appeal filed by one Thotlegowda challenging the order by which he was convicted for the offence punishable under Section 135 and 138 …

Death Appeal Court Fine Kar Appellant Legal Heirs

1 year, 11 months ago

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Live Law

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which …

Kerala Court Legal Heirs Deceased Parties

2 years ago

Motor Vehicles Act, 1988: All India High Courts Cases 2022

Live Law

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Court May Increase Quantum Of Compensation In Motor Accident Claim, Irrespective Of Who Files Appeal: Bombay High Court Case Title : Manager, National Insurance Co.Ltd v Shri Nilesh Suresh Bhandari and ors Citation: 2022 LiveLaw 126 The Bombay High court recently dealt with an …

India Insurance Karnataka High Court Compensation Bombay High Court Cases

2 years, 2 months ago

Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits

Live Law

The Bombay High Court recently directed Hingoli Zilla Parishad to grant all pensionary benefits to the legal heirs of a deceased clerk even though the case challenging his dismissal was pending in the Labour Court. "In the peculiar facts and circumstances of the case, ends of justice would meet if a quietus is given to the entire case by directing …

Court Labour Dismissal Back Wages Service Petitioner Parishad

2 years, 2 months ago

52% Families Who Got Assets of A Dead Kin Transferred Had to Pay Bribes at 'Several Places': Survey

News 18

Asset transfer to legal heirs is a herculean task in India, the findings of a new survey indicate. Only 23% families who attempted were able to easily get the assets of a deceased family member transferred while the majority have had to struggle The first question in the survey asked citizens about their experience with regards to transfer of assets—property, …

Family India Property Assets Transfer Pay Families

2 years, 2 months ago

Time to settle the debate on nominations

Live Mint

The importance of nomination has been repeatedly emphasized by different regulators to streamline and smoothen the process of transfer of assets after an investor’s demise. The provisions on nomination mentioned in the Indian Succession Act, Insurance Act, Banking Regulations Act, National Savings Certificate Act differs from the provisions of nomination mentioned in the Companies Act and the bye laws of …

Legal Companies Case Mutual Funds Act Nomination Nominee

2 years, 2 months ago

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court

Live Law

The Delhi High Court has ruled that the right to privacy is essentially a right in personam and therefore is not inheritable by the mothers or legal heirs of the deceased persons.Justice Neena Bansal Krishna made the observation while refusing to grant interim relief in a suit filed against Bollywood Filmmaker Hansal Mehta and others for restraining the release of …

Privacy Court Defamation Delhi High Court Fair Trial Movie Right

2 years, 4 months ago

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court

Live Law

In a landmark decision, the Orissa High Court has ruled that legal heirs of a complainant, where a criminal case is instituted upon complaint, can substitute him upon his death and pursue the case on his/her behalf. A Single Judge Bench of Justice Sashikanta Mishra held, "…notwithstanding absence of a specific provision, the statutory intent of the provisions of the …

Court Accused Ipc Mishra Person Code His Death

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Articles for Legal Heirs

Karnataka High Court Annual Digest 2024 [Part I]

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court

Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner's Death: Supreme Court

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Additional Fees For Changing Slum Developer's Structure Not Applicable When Owner Inducts Legal Heirs As Partners: Bombay High Court

MV Act | Apportionment Of Compensation Not Guided by Personal Laws, Consideration Of Dependency On Deceased Paramount: J&K High Court

Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs

Excise Commissioner Is Duty Bound To Cancel Liquor Licence On The Application Of Legal Heirs Of The Deceased: Bombay High Court

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs

Convict's Death Does Not Discharge His Liability To Pay Fine Imposed By Court, Can Be Recovered From His Estate: Karnataka High Court

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Motor Vehicles Act, 1988: All India High Courts Cases 2022

Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits

52% Families Who Got Assets of A Dead Kin Transferred Had to Pay Bribes at 'Several Places': Survey

Time to settle the debate on nominations

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court