Court Decisions– A Legal Awareness

MAN CAN’T CLAIM MARRIED SISTER’S PROPERTY: SUPREME COURT

A property inherited by a woman from her husband cannot be claimed by her brother, the Supreme Court has said. The Bench referred to the provisions of the Hindu Succession Act. “Language used in Section 15 clearly specified that the property inherited from the husband and father-in-law would devolve upon the heirs of husband/father-in-law from whom she inherited the property,” the Supreme Court observed. The verdict came on an appeal filed by a man challenging a March 2015 order of the Uttarakhand High Court that found him to be an unauthorised occupant in a property in Dehradun where his married sister, now dead, was a tenant.

SC CLEARS PLAN TO VERIFY MOBILE PHONE USERS THROUGH AADHAAR:

The Supreme Court approved the government’s plan to record the identification details of mobile subscribers through an e-KYC (Know Your Customer) mechanism linked to Aadhaar in a bid to enhance national security and prevent fake users. A Bench led by Chief Justice of India asked the government, represented by Attorney – General Mukul Rohatgi, to put in place the mechanism within a year. The mechanism would cover at least 100 crore mobile phone subscribers, 90% of whom use pre-paid cards. Mr. Rohatgi submitted that all new mobile connections were provided through Aadhaar- based e-KYC. The court was considering a petition by NGO Lokniti Foundation, which had contended that fake SIM cards were a major threat to national security.

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PAKISTAN: HINDUS TO REGULATE THEIR OWN MARRIAGES:

Pakistan President Mamnoon Hussain signed into law the Hindu Marriage Bill 2017, allowing Pakistan’s Hindus to regulate their own marriages. Hindus will be able to perform legal marriages in accordance with their religious customs. According to the law, marriages officiated before the passage of the law will be automatically legitimized. According to Pakistan Prime Minister Nawaz Sharif, the new law was passed to provide equal protection to Pakistan’s Hindus. The law will apply to all of Pakistan’s Hindus, except those living in the Sindh providence, which already has a law regarding Hindu marriages.

ECJ: RIGHT TO BE FORGOTTEN IS LIMITED

The European Court of Justice (ECJ) ruled that individuals cannot demand that their personal data be erased from company records. The court said the ruling came from the public need for certainty to protect third party interests. The registers hold very little personal data and do not infringe on privacy. The court reserved its right to assess specific circumstances under which company registers should be limited on an individual basis. The case was brought by Italy due to their loss of a case over compensation to a man whose properties had failed to sell because a bankruptcy he filed was kept on record at Lecce Chamber of Commerce. In May 2014 the EU court ruled that individuals could request that irrelevant information be removed in the search results from search engines like Google and Bing.

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