Whether the nominee specified in the National Savings Certificate, on the death of its holder, becomes entitled to the sum due under the certificate to the exclusion of all other persons?, or whether the amount of the certificate can be retained by him for the benefit of the legal heirs of the deceased?
Civil Procedure Code, 1908—Section 2(2)—Decree—Nullity—Decree obtained by fraud—Duty of litigant to come to the Court with true case and to prove it with true evidence—Withholding of vital documents in order to gain advantage over the other parties—The decree obtained by fraud is a nullity.
It is of utmost importance that in making material statements and setting forth grounds in applications for special leave made under Article 136 of the Constitution, care must be taken not to make any statements which are inaccurate, untrue and misleading. In dealing with applications for special leave, the Court naturally takes statements of fact and grounds of fact contained in the petitions at their face value and it would be unfair to betray the confidence of the Court by making statements which are untrue and misleading.
False statement on oath-it is clear that in this case efforts to mislead the authorities and the courts have transmitted through three generations and the conduct of the appellant and his son to mislead the High Court and this Court cannot, but be treated as reprehensible. They belong to the category of persons who not only attempt, but succeed in polluting the course of justice.
Civil Procedure Code, 1908—Order 12, Rule 6—Judgment on admission—Termination of lease—Non-payment of rent—Prayer for judgment on admission under Order 12, Rule 6 of CPC-Where controversy is between parties on an admission of non-payment of rent, judgment can be rendered on admission by Court—Club seeks to approbate and reprobate—Club was very negligent in pursuing its case—Doctrine of election squarely applies as Club has advanced inconsistent pleas—Club not entitled to any discretionary remedy—
JUDGMENT ON ADMISSION-It is true that a judgment can be given on an “admission” contained in the minutes of a meeting. But the admission should be categorical. It should be a conscious and deliberate act of the party making it, showing an intention to be bound by it. Order 12 Rule 6 being an enabling provision, it is neither mandatory nor peremptory but discretionary. The court, on examination of the facts and circumstances, has to exercise its judicial discretion, keeping in mind that a judgment on admission is a judgment without trial which permanently denies any remedy to the Defendant, by way of an appeal on merits.
Evidence Act, 1872—Sections 101 to 104—Burden of proof—Joint Hindu Family—Presumption of—A Hindu family is presumed to be joint unless proved to the contrary—The burden of proving the status of the family is on the person claiming the relief on the basis of such status—It is a question to be determined in each case.
Hindu Undivided Family-It is held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it is also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.
Civil Procedure Code, 1908—Section 100 and 101—Appeal—Letters Patent Appeal—Scope of—A Division Bench hearing appeal against the Judgment of single Judge is not limited to question of law as in case of Second Appeal but whole matter is open in respect of both questions of law as well as fact.
Family arrangement—Implied arrangements—Conduct of members of family can be considered to ascertain that family arrangement in fact existed—Circumstances in which registration of family arrangement necessary, indicated.
Reserve Bank released data relating to India’s International Investment Position as at end-March 2020. - International financial assets of Indian residents increased by US$ 73.9 billion due to the rise in reserve assets and overseas direct investment by US$ 64.9 billion and US$ 13.0 billion, respectively, though other investments declined marginally during the year
National People’s Congress of China passed the National Security Law for Hong Kong - It provides for the crimes of splitting the country, subverting the state power, the crime of terrorist activities, collusion with foreign or foreign forces to endanger national security, and the jurisdiction, application and procedures of the law.
Freedom fighters of Baloch Liberation Army took responsibility of attacking Pakistan Stock Exchange - On Monday(29.06.2020), four armed personnel stormed the Pakistan Stock Exchange in Karachi at 10 a.m. The Baloch Liberation Army later claimed responsibility of the attack and said that it had aimed to seriously maim the Pakistani economy.
Supreme Court of Pakistan Quashed Reference filed by President of Pakistan against Justice Qazi Faez Isa-19/06/2020 - One of our pivotal Constitutional values is that the independence of judiciary shall be fully secured. The same Constitution also ordains that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Therefore, it is reiterated that in our constitutional democracy, neither the petitioner judge, nor any other judge, or any individual or any institution, is above the law.
Aspen Underwriting Ltd and ors vs Credit Europe Bank NV- 01/04/2020 - QUESTION: These appeals concern whether the High Court of England and Wales has jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.ANSWER: The Supreme Court unanimously dismisses the Insurers’ appeal and allows the Bank’s appeal, declaring that the High Court does not have jurisdiction over any of the Insurers’ claims against the Bank. Lord Hodge gives the sole judgment with which the other Justices agree.
Vijay Mallya -v- Government of India- High Court Of Justice QB- 20/04/2020 - The GoI made an extradition request in respect of the Appellant, submitted on 9 February 2017, which was certified by the Secretary of State on 16 February 2017. We consider that while the scope of the prima facie case found by the SDJ is in some respects wider than that alleged by the Respondent in India, there is a prima facie case which, in seven important respects, coincides with the allegations in India.
THE GAMBIA v. MYANMAR-ICJ 23/01/2020 - Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by The Gambia could not give rise to a dispute between the Parties as they did not amount to allegations of violations of the Genocide Convention made by The Gambia . In this regard, Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by the Gambia could not give rise to a dispute between the Parties.
Sandeep & Reena Mander -v- Royal borough of Windsor & Maidenhead, Adopt Berkshire – 6/12/2019 - The principal piece of legislation governing adoption in England & Wales is the Adoption and Children Act 2002 (“2002 Act”). Section 3 of the 2002 Act places a duty on local authorities to maintain an adoption service within their area, and sets out the minimum facilities that must be made in the provision of the service.
Constitution of Myanmar 2008 - Myanmar is a Nation with magnificent historical traditions. We, the National people, have been living in unity and oneness, setting up an independent sovereign State and standing tall with pride. Due to colonial intrusion, the Nation lost her sovereign power in 1885. The National people launched anti-colonialist struggles and National liberation struggles, with unity in strength, sacrificing lives and hence the Nation became an independent sovereign State again on 4th Januay 1948.
Constitution of Mexico-1917 - In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself.
Constitution of Palestine 2003 - The continuous attachment of the Arab Palestinian people to the land of their fathers and forefathers, on which this people has historically lived, is a fact that has been expressed in the Declaration of Independence, issued by the Palestine National Council. The strength of this attachment is confirmed by its consistency over time and place, by keeping faith with and holding onto national identity, and in the realization of wondrous accomplishments of struggle.
