In a groundbreaking decision, Justices R. Subramanian and N. Senthil Kumar of the Madras High Court have delivered a verdict with significant implications. The court ruled that, as per the Indian Succession Act of 1925, a mother is not entitled to her son’s assets if he dies intestate, leaving behind a widow and children. On fact, This pivotal judgment, part of a case involving a Christian family, is supported by a precedent set in 2021. Moreover, It sheds light on the intricacies of inheritance law and challenges a district court’s order that allocated a portion of the deceased husband’s properties to his mother. The court’s meticulous consideration of the Indian Succession Act’s provisions and the appointment of an amicus curiae underscore the significance of this legal precedent. Mother Denied Entitlement to Son’s Intestate Assets as per Indian Succession Act: HC Verdict Madras High Court Rules on Christian Family Case Under Indian Succession Act Justices R. Subramanian and N. Senthil Kumar Uphold Decision Based on Precedent The Madras High Court, in a significant ruling, declared that the mother of a person who dies intestate is not entitled to claim any rights over the properties left behind. Justices R. Subramanian and N. Senthil Kumar delivered this verdict while addressing the case of a Christian family governed by the Indian Succession Act of 1925. Concordance with Prior Order The judges based their decision on a similar order issued by the High Court in 2021, supporting the legal stance taken in the present case. […]
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NCLAT’s Verdict on Appeal Filed by Jitendra Virmani Parties’ Acceptance of NCLT Jurisdiction and Impugned Order The National Company Law Appellate Tribunal (NCLAT) in Chennai, with Justice M. Venugopal as the Judicial Member and Shreesha Merla as the Technical Member, recently rendered a decision, dismissing the appeal lodged by Jitendra Virmani, the Appellant. This appeal pertained to an order issued by the National Company Law Tribunal (NCLT) in Bangalore, dated 27.11.2019. The Appellate Tribunal, in its ruling, asserted that grounds not previously raised on jurisdiction before the NCLT cannot be recontested on appeal. This is based on the principle that the parties have, by their actions, accepted the jurisdiction of the NCLT. Jitendra Virmani Initiates Proceedings Background Facts Jitendra Virmani, the Chairman and Founder of the Embassy Group, initiated the proceedings. He alleged oppression and mismanagement against Mro-Tek Realty Limited, a real estate company, specifically targeting a real estate development project. Simultaneously, Virmani instigated multiple proceedings in the Civil Courts in Bengaluru. At first, he withdrew his petition concerning oppression and mismanagement. Later, he initiated a new proceeding on the same grounds. However, the NCLT in Bangalore ultimately dismissed this second proceeding. Consequently, Virmani lodged an appeal against the NCLT’s decision with the NCLAT in Chennai. Legal Arguments Appellant’s Assertions Jitendra Virmani asserted that the NCLT’s order was deeply flawed. He claimed it was ‘non-est,’ ‘ab initio’ “void,” and ‘illegal.’ He argued that a single member of the Tribunal, the Hon’ble Member (Judicial), issued the order, without the Hon’ble Member […]
Introduction – The New Face of WfH Cybercrime In the post-pandemic world, the concept of “work-from-home” (WfH) has shifted from being a flexible and convenient mode of employment to a treacherous terrain where cybercriminals lie in wait. Exploiting the digital age’s opportunities, these malicious actors have transformed WfH into a honeytrap, preying on unsuspecting individuals who seek part-time employment or online trading ventures for quick financial gains. In this article, we delve into the disturbing rise of cybercriminals and the alarming consequences of their devious schemes, spotlighting the stories of victims and the methods employed by these perpetrators. Victims Span All Walks of Life This alarming trend reveals a disturbing truth: the victims are not restricted to any specific demographic. Cybercriminals have cast a wide net, ensnaring not only the gullible and under-educated but also professionals from diverse backgrounds. Startlingly, the Chennai cybercrime police have reported a staggering 122 complaints this year alone, underscoring the far-reaching impact of these criminal operations. Among these victims are software engineers and seasoned online traders, demonstrating that nobody is immune to the allure of online scams. Stories of Loss and Regret Consider the case of Nirmala, a 32-year-old software engineer who found herself on a maternity break. She fell victim to an online part-time job scam, losing a staggering Rs 64 lakhs. Even those who believed themselves to be savvy, like Venkadesh, a veteran stock trader, weren’t spared. Venkadesh, who had previously offered investment advice to friends, fell prey to scamsters, losing a colossal […]
In a recent landmark decision, the Madras High Court issued a ruling that could have significant implications for government employees facing suspension while criminal investigations are pending. The Employee Suspension case involved D. Jayakumar, a police officer who had been placed on administrative leave during an ongoing bribery investigation. Madras High Court Rules on Police Officer’s Suspension A Precedent-Setting Judgment The judgment, delivered by Justices R. Suresh Kumar and K. Kumaresk Babu, marks a turning point in the handling of employee suspensions in cases where criminal prosecutions are pending. The case at the center of this ruling dates back to February 7, 2011, when a Special Sub-Inspector of Police faced termination from his job following allegations of receiving a bribe from the Vigilance and Anti-Corruption Department. Consequently, he found himself entangled in a criminal charge. Lengthy Suspension Battle Jayakumar initially contested his suspension by appealing to an Appellate Authority. However, on March 27, 2014, his appeal was dismissed. Undeterred, he submitted a second appeal to the Joint Commissioner of Police’s office, but this too was denied on June 22, 2016. The authorities argued that the ongoing criminal case and their belief that reinstatement would not be prudent until the matter was resolved justified the continuation of the suspension. Court’s Key Determinations The Madras High Court’s ruling brings clarity to the matter. The court emphasized that suspensions solely based on the status of criminal cases should not be extended indefinitely without a valid reason. Justice R. Suresh Kumar, in his verdict, […]
NCLAT’s Decisive Ruling Sets the Stage for Financial Harmony The Legal Sonata Unfolds In a legal tango of financial intricacies, Café Coffee Day (CCD) has successfully orchestrated a settlement with IndusInd Bank, a harmonious resolution that now resonates through the annals of the National Company Law Appellate Law Tribunal (NCLAT), Chennai. Moreover, The melodious outcome orchestrates a symphony of relief for Coffee Day Global, CCD’s parent company, as it extricates itself from the tempestuous waters of corporate insolvency. NCLAT’s Resolute Verdict In a swift and sagacious turn of events, Judicial Member Justice (retired) M Venugopal, alongside Technical Member Shreesha Merla, penned a resolute order. Their pens danced on the parchment of justice as they deemed it fit to set aside the earlier pronouncement by the National Company Law Tribunal (NCLT), Bengaluru. In fact, This initial order had resounded with the admission of an insolvency plea against Coffee Day Global, sending ripples through the coffee chain’s operations. A Symphony of Negotiations The inception of this newfound harmony stems from the diligent negotiations between CCD and IndusInd Bank, who had initiated the plea in NCLT. Moreover, A ‘settlement,’ like a mellifluous chord, was struck between the ‘Appellant’ and the ‘1st Respondent/Bank.’ Of course, This harmonious accord, unchallenged by the Ld. Counsel for the 1st Respondent/Bank, merited recognition by the astute NCLAT. As testament to this accord, a ‘memo’ dated 07.09.2023, dutifully filed with the ‘Office of Registry of NCLAT,’ Chennai, has been acknowledged. Consequently, the NCLAT, with a judicious stroke, effaced the […]
