Hindu Remarried Widow Has Right To Deceased Husband's Property If She Wasn't Remarried On The Day Succession Opens: Bombay High Court

  • It was held by Bombay High Court in the single- judge bench of Justice SM Modak that a re – married widow also has the right over husband property , the court used the term “the day the succession opens” to describe the term after considering the provisions of Section 24 the Hindu Succession Act, 1956 and the Widow’s Re- marriage Act, 1856  (repealed in 1983)

  • The widow should continue to be a widow on the date when succession opens

  • The wordings should resemble in Section 2 of the Act of 1856 , if not then, intent of the legislature have to be  respected while incorporating the provisions in Section 24 of the said Act.


Pendency Of Criminal Cases In Allahabad High Court Very Worrying: CJI NV Ramana

  • Chief Justice of India NV Ramana while speaking on the foundation stone laying ceremony in Prayagraj, Uttar Pradesh for the establishment of new law school  on Saturday expressed his concern over the long pendency of criminal cases in the Allahabad High Court and  he also asked the Allahabad High Court and Bar to look into this matter and requested them to solve it at the earliest.

  • According to him the establishment of the new High Court complex will provide enthusiasm to the Allahabad Bar and might also help them to dispose of the pending suits. 

  • The Chief Justice of India  said that Allahabad is the evidence of some great legal luminaries of India giving reference to the 1975 judgement of Justice Jagmohanlal Sinha and also Dr. Sachidanand Sinha.

  • The event was also witnessed by Law Minister Kiren Rijiju, Chief Minister Yogi Adityanath, of Uttar Pradesh , President Ram Nath Kovind, and other eminent personalities.

Centre will introduce new law on mediation: Law Minister Kiren Rijiju

  • Law Minister Kiren Rijiju on Saturday said that ,the Central government is going  introduce a new bill on mediation in the upcoming winter session of the parliament, 

  • He also said that the government is looking forward to making India a "arbitration hub".

  • He also said that the government is looking forward to strengthening the judiciary system.


Consumer Complaints Alleging Deficiency In Service Related To Transfer Of Title Of Immovable Property Not Maintainable: Supreme Court

  • The Supreme Court held that any deficiency related to transfer of title of immovable property will not be maintainable. 

  • Justices Hemant Gupta and A.S.Bopanna held that the expression “service” includes housing construction and not allotment of a site or a plot.


Delhi High Court Issues Directions For Conducting Delhi Capital Badminton Assn Elections

  • The Delhi High Court so as to ensure the elections are conducted smoothly has laid directions for the Delhi Capital Badminton Association.

  • Justice Pratibha M Singh in view of the elections directed the Returning Officer to fix a date of election on or before 30th September.


Allahabad HC Grants Anticipatory Bail To Man Who Allegedly Performed Nikah On Facebook Call & Thereafter Disowned Woman  - Mohammad Ali v. State Of U.P. & Anr.

  • The Bench of Justice Chandra Dhari Singh granted anticipatory bail to Mohammad Ali, who,as per the prosecution's allegations, performed Nikha through Facebook Call  in March 2019 with the complainant and later  denied talking to her , booked the mobile number and later blackmailed her in January 2020.

  • Consequently, an FIR had been lodged by the complainant seeking relief under sections 420, 500, 507 IPC and section 67-A (charge dropped in the charge sheet), 66-E IT ACT against the applicant.

  • On the other hand, the counsel for the applicant-man submitted that he had never met the complainant and the entire prosecution story was false and fake and the complainant only wants to squeeze money from him.

  •  The Court observed that anticipatory bail may be granted as the allegations of blackmailing were not proved and the applicant didn’t have any kind of criminal history and this can be also a case of false implications as the material on record by the complainant were doubtful.


Kerala HC: Nods To Online Registration Of Marriages Temporarily In View Of Covid-19

  • Considering the ongoing Covid -19 pandemic and after receiving numerous appeals for online registration of marriages, the Kerala government has issued an Order declaring that till the amendment to the Kerala Registration of Marriages (Common) Rules comes into effect, online registration of marriages in the State will be permitted with the due permission of the Chief Registrar General of Marriages (Common).

  • In the Government Order dated 9th September 2021, the State certain conditions and precautions for the same have been enlisted.


Delhi Cantt Rape Case- Delhi Court Takes Cognizance Of Delhi Police's Charge sheet and sought investigation

  • Delhi Court on Friday took Cognizance of the charge sheet and also sought status report on the investigation which was filed by the Delhi Police in the alleged gang-rape and murder of a 9-years-old girl in Delhi Cantt area.

  • The accused persons in the case have been booked under Sections 302, 304, 376, 341, 506, 201 and 34 of the Indian Penal Code, along with sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act and sec. 3 of SC/ST Act.

  • Delhi Court in the case earlier ordered Rs. 2.5 lakh interim compensation to the victim's family after an application was moved under Section 357A of CrPC.


PIL Moved In Calcutta HC Challenging ECI's Decision To 'Prioritise' Bhowanipore Bye-Election

  • A Public Interest Litigation (PIL) petition which was moved challenging the decision of the Election Commission of India to 'prioritize the bye-elections of Bhowanipore Assembly Constituency' from where, the Chief Minister of West Bengal Mamata Banerjee is set to contest on September 30, the ECI has already issued notifications in this regard 


Consent For Sexual Act Obtained By Making False Promise Of Reemployment Isn't 'Free Consent': Madhya Pradesh High Court-Rajkishore Shrivastava vs. State of MP and another

  • An FIR was filed by the receptionist of the hospital against the Director of the hospital alleging that the accused had sexually abused her on multiple occasions.

  • The Bench of Justice G. S. Ahluwalia of the Madhya Pradesh High Court held that getting the consent of the prosecutrix to involve in a sexual act, by making false promise of re-employment, can't be called 'free consent' and it would amount to consent obtained under a misconception of fact (as per Section 90 of IPC).

  • The receptionist got FIR registered under Sections, 294, 506, 376(2)(n), 323 of IPC and  also under Sections 3(2)(v), 3(2)(va), 3(1)(r), 3(1)(s), 3(1) (w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.


Supreme Court Reduces Sentence To Period To Man Convicted U/s 498A IPC When He Agrees To Pay Compensation To His Wife & Children- Samaul SK vs. State of Jharkhand ; CrA 894 OF 2021 Citation: LL 2021 SC 410 Coram

  • The Supreme Court reduced the sentence of a man convicted under section 498A of IPC as he agreed to pay compensation  of Rs 3 lakhs to his wife and children.

  •  The bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy also stated that criminal jurisprudence is reformative in character.


Supreme Court- In Second Appeal- Question Of Law Doesn't Arise In Abstract; And Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence

  • Justice of India NV Ramana, Justices AS Bopanna and Hrishikesh Roy stated in  Balasubramanian vs. M. Arockiasamy that question of law for consideration cannot arise in abstract and there cannot be any straight jacket formula to it. 

US Justice Department Sues Texas Over State's New Abortion Law

  • The US Justice Department has sued Texas over a new state law that bans most abortions, arguing that it was enacted “in open defiance of the Constitution “.

  • The lawsuit, which was filed in the federal Courts in Texas, asked the federal judge to declare the law invalid. 

  • Attorney General Merrick Garland said at the news conference announcing the suit  that “ the act is clearly unconstitutional under long standing Supreme Court Precedent”

  • The Justice Department argued that the law unlawfully infringes on the constitutional rights of women and violates the Supremacy Clause of the Constitution, which says federal law supersedes state law. 

Lebanon Forms New Govt, First In Over A Year

  • Lebanese Factions formed a new government on Friday, breaking a 13- month deadlock that saw the country slide deeper into financial chaos and poverty. 

  • Lebanon has been without a fully empowered government since the catastrophic August 4, 2020 explosion at Beirut port, which forced the resignation of then Prime Minister Hassan Diab's Government. 

  • The new cabinet of 24 ministers headed by billionaire businessman Najib Mikati was announced by the President’s office, and later by Secretary- General of the Council of Ministers, Mahmoud Makkieh.

Extracted & Compiled by- Ms. Amrita Biswas, BA- LLB (Hon.) Student, Surendranath Law College

MyLawman is now on Telegram (t.me/mylawman) Follow us for regular legal updates. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter or join our whats app group .You can also subscribe for our Newsletter for Email Updates.