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Monday, October 6, 2008

Delhi HC rejects Sanjiv Nanda's Bail in BMW case



The Delhi High Court on Saturday (October 4) rejected the bail plea of Sanjeev Nanda, the main accused in the BMW hit-and-run case. Sanjeev, grandson of the former naval chief, SM Nanda, was awarded five years’ rigorous imprisonment in the case after nine years of legal battle.

Earlier, the decision was announced by the additional sessions judge Vinod Kumar at the Patiala House Court on September 5. He was convicted by the Court on September 2 for mowing down six persons including three policemen on January 10, 1999, at Lodhi Colony in South Delhi while he was driving in a drunken state.

"It may be true that the appellant was not directly involved in the contempt case but it cannot be lost sight of that all efforts were being made to save the appellant (Nanda) from the rigours of law by adopting devious and murkier methods," Justice Gambhir said and also referred to the recent order of the apex court cancelling the bail of the Ansal brothers in Uphaar fire tragedy case.

The bench said that Nanda's alleged exemplary and commendable behaviour cannot be countenance looking into the serious allegation against him for indulging into winning over the witness and tampering with the process of investigations.

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Friday, October 3, 2008

Delhi HC - Daughter in Law cannot claim share in in-laws property



Delhi HC - Daughter in Law cannot claim share in in-laws property

Delhi High Court has held that the old parents whose relations with their son and daughter-in law turn sour have every right to show them the door and the daughter-in law cannot claim any right to stay in their house claiming to be having a legal right to live in the matrimonial home.

Justice S N Dhingra observed yesterday, ''that the matrimonial home may not necessarily mean the house of the parents of the husband. In fact the parents can allow the children to live in the house as long as their relations are cordial and full of love and affection with them. Matrimonial home is not merely a dwelling unit.It is a place used by husband and wife for dwelling,'' Justice Dhingra said. In the present case, an old couple staying in Ashok Vihar filed a suit in the Delhi High Court stating that their daughter-in-law forcibly wants to stay in their house whereas she has her own house in Rohini.

A woman can assert right over spouse’s property, but not on that of her in-laws

Earlier, the supreme court had sought to redress the grievance of several aged in-laws who had been harassed by their daughters-in-law over their property.

“Sympathy or sentiment can be invoked only in favour a person who is entitled to it,” observed the apex court, while quashing several criminal cases filed by a daughter-in-law against her in-laws living in Gujarat.

A bench of justices SB Sinha and VS Sirpurkar also held that “maintenance of a married wife, during subsistence of the marriage, is on the husband. It is a personal obligation. The obligation to maintain a daughter-in-law arises only when the husband has died,” the court added.

“Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife (mother-in-law) can be directed to be enforced against such property’’, Judges had ruled.

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Monday, September 1, 2008

Companies Act 2008 - Key Points



Here are the Key Points of Companies Act 2008

- One-person company allowed, more stringent regime for not-for-profit firms

- Restrictions on number of partners in partnership firms, banking firms relaxed

- Companies will not be able to raise deposits from public, except through Special Acts

- Consolidation of financial statements of subsidiaries with holding companies mandatory

- Class action suits by shareholder associations, groups against companies allowed

- Revised framework for regulation of insolvency, new Insolvency Fund

Source : Business Standard

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