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Legitimacy of illegitimate child: Supreme Court’s Bold Move Grants Recognition, Yet Curbs Property Rights for Children of Null Marriages

TITLE: REVANASIDDAPPA & ANR. V.  MALLIKARJUN & ORS.

CITATION: CIVIL APPEAL NO 2844 OF 2011

DECIDED ON: 1 SEPTEMBER 2023             

CORAM: JUSTICE DHANANJAYA Y CHANDRACH, JUSTICE JB PARDIWALA, JUSTICE MANOJ MISRA

 

 

Facts of the Case

 

The case involves the interpretation and application of Section 16 of the Hindu Marriage Act 1955 (HMA). Specifically, the focus is on the status and property rights of a child born to parents whose marriage is either null and void under Section 11 of the HMA or annulled by a decree of nullity under Section 12. Section 16(1) declares such a child “legitimate” if they would have been legitimate had the marriage been valid. Section 16(2) deals with children born before the annulment decree, deeming them legitimate. However, Section 16(3) restricts the child’s rights in or to the property of any person other than the parents. The case refers to previous decisions, particularly the judgment in Jinia Keotin v Kumar Sitaram Manjhi (2003) 1 SCC 730, where it was held that children born from void or voidable marriages, despite being safeguarded under Section 16, should not be treated on par with children born from lawful marriages concerning inheritance of ancestral property.

Issues Involved

 

The primary issue is the interpretation of Section 16 of the HMA concerning the legitimacy and property rights of a child born from a marriage declared null and void or annulled. Specifically, the case addresses whether a child from such a marriage has any rights in or to the property of persons other than the parents, as per the restrictions outlined in Section 16(3). The broader issue involves determining the nature of property rights for children born from void or voidable marriages, particularly regarding ancestral or coparcenary property.

Legal Provisions

 

Section 16(1) and (2) of the Hindu Marriage Act 1955, dealing with the legitimacy of children born from marriages declared null and void or annulled. Section 16(3) of the HMA, restricting the rights of a child from a null or void marriage in or to the property of any person other than the parents.

Court’s Observation and Analysis

 

The court’s judgment provided a nuanced interpretation of key provisions in the Hindu Marriage Act 1955 (HMA) and the Hindu Succession Act 1956 (HSA). Notably, it clarified that children born from marriages declared null and void under Section 16(1) of the HMA, whether before or after the Amending Act 1976, are conferred with legitimacy. For voidable marriages annulled under Section 12, children conceived before the annulment are deemed legitimate under Section 16(2), akin to the rights they would have if the marriage had ended in dissolution. Crucially, the court underscored that children legitimized under Section 16 have exclusive rights in the property of their parents and not in the property of any other individual, ensuring a clear delineation of inheritance rights. The judgment emphasized the interplay between Section 16 of the HMA and Section 3(1)(j) of the HSA. Children legitimized under Section 16 should not be deemed illegitimate for the purposes of the proviso in Section 3(1)(j) of the HSA. Additionally, the court discussed amendments to Section 6 of the HSA in 2005, highlighting the shift from devolution by survivorship to testamentary or intestate succession and the grant of equal coparcenary rights to daughters.

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Written by- Komal Goswami

 

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Vikasit Bharat: India in the new decade

Vikas Bharat, or “Developed India,” captures the goals of a country that has always desired progress and prosperity for its people. Economic reforms, social developments, and technical innovations have all played a role in India’s transformation over the years. 2024 being one of the most awaited years for an interim budget due to the Lok Sabha election season had all eyes on the financial ministry for formulating budget as per the convenience of the election, but contradicting to the people’s prediction the ministry had different plans.

No freebies

Unlike political parties’ manifestos to gain a mass vote bank by providing freebies, the current ruling government takes ruling measures only for the welfare of the people and for long term socio- economic benefits. Instead of the freebies, the government focused on creating earning opportunities for people, including farmers and entrepreneurs. As an enabling measure, it broke many red tapes to let the system work smoothly for the people and end the corruption. In 10 years, the government removed around 25,000 unnecessary compliances and repealed more than 1400 archaic laws besides giving four lakh companies enough opportunities to rectify their defaults to avoid penalties.[1]

Social Transformation

Vikas Bharat is more than just economic prosperity; it also includes social reform and inclusive development. Initiatives such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) sought to alleviate poverty and empower rural populations by creating job opportunities. The emphasis on education and healthcare has been critical in raising human development indicators across the country. The Swachh Bharat Abhiyan, which began in 2014, demonstrates India’s dedication to social reform. This statewide cleanliness effort intended to eliminate open defecation in India while also promoting sanitation and hygiene. The campaign’s success highlights the effectiveness of collective action and community engagement in accomplishing social objectives.

Tech boost

Vikas Bharat is strongly involved in technological advancements that have changed the way Indians live, work, and communicate. The widespread use of mobile phones and the growth of internet connectivity have bridged geographical barriers, allowing people to access information and services even in rural areas. The Digital India program has helped to increase digital literacy and create a more digitally inclusive society. The Aadhaar initiative, a biometric identification system, has improved service delivery and eliminated leakages in benefit programmes. This creative technique has improved financial inclusion while also empowering locals by providing them with a distinct identity.

Environment sustainability

As India approaches Vikas Bharat, the significance of sustainable development is becoming more widely understood. India’s emphasis on renewable energy sources like solar and wind power reflects its commitment to mitigating the effects of climate change. The International Solar Alliance, established in conjunction with France, seeks to promote solar energy while reducing reliance on non-renewable resources. Smart urban design and the encouragement of eco-friendly activities help to ensure environmental sustainability. Initiatives like the Green India Mission aim to increase forest and tree cover, protect biodiversity, and minimize the harmful effects of deforestation.

 

Aftermath of Vikaasit Bharat

India will become a leader at global level in entrepreneurship, technology, AI, biotech and renewable energy. India aims to promote inclusive and equitable development by reducing poverty, enhancing health and education, promoting social justice, and empowering women and youth. India will preserve and promote its rich cultural and natural heritage while valuing variety, pluralism, and democracy and would pursue a peaceful and cordial relationship with its neighbours and the rest of the world, actively and responsibly participating in international affairs. These are some of the ambitions of Vikaasit Bharat, which require the collaborative efforts and contributions of all stakeholders, including the government, the private sector, civil society, and individuals.

Conclusion

Vikas Bharat is now the face of India’s path onto the holistic development surrounding economic prosperity, social inclusivity, technological advancements and environmental sustainability. The narrative of Vikas Bharat is an ongoing one, formed by the combined efforts of the government, civic society, and the people as India seeks to realize its global potential.

 

[1] https://english.janamtv.com/business/92942/working-towards-the-reality-of-vikasit-bharat/

 

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SC upheld appalent courts rejection of additional evidence application in cheque bounce case

Title: AJITSINH CHEHUJI RATHOD V STATE OF GUJARAT & ANR.

Citation: CRIMINAL APPEAL NO(S). OF 2024 (Arising out of SLP(Crl.) No(s). 16641 of 2023)

Dated on: 29.1.2024

Corum:  HON’BLE JUSTICE B.R GAVAI & JUSTICE SANDEEP MEHTA

Facts of the case

The present case focuses around a cheque issued by Ajitsinh Chehuji Rathod for Rs. 10 lakhs that bounced due to inadequate funds and account dormancy. Rathod attempted to appeal his conviction by introducing further evidence to indicate that his signature on the cheque was faked. He further claimed that he had not received the notice under Section 138 of the Negotiable Instruments Act. In trial court Rathod, undeterred by his conviction, filed an appeal with the Principal Sessions Judge in Gandhinagar. During the appeal, he submitted an application under Section 391 of the Code of Criminal Procedure. This application sought authorization to introduce new evidence at the appellate stage, with the express goal of obtaining the opinion of a handwriting expert for a signature comparison. Rathod also asked the summons of a Post Office official to support his defence claim that he never received the notice under Section 138 of the NI Act. Unfortunately for Rathod, the Principal Sessions Judge, Gandhinagar, denied his application under Section 391 CrPC in a detailed ruling. Determined, Rathod filed Criminal appeal before the High Court of Gujarat. However, in a ruling the High Court dismissed Rathod’s claim under Sections 482 and 391 CrPC, prompting the current appeal to the Supreme Court.

Legal Provision

Section 391 of CrPC is a provision that empowers the appellate court to take additional evidence or direct it to be taken by a lower court, if it thinks it is necessary for the disposal of the appeal. Section 482 of CrPC is a provision that saves the inherent powers of the High Court to make such orders as may be necessary to prevent abuse of the process of any court or to secure the ends of justice.

The appellant had filed an appeal with the appellate court under Section 391 of the CrPC, requesting that the cheque be sent to a handwriting expert and the post office official be summoned to substantiate his defence. The appellate court denied his application, and he appealed the decision to the High Court under Section 482 of the CrPC. The High Court also dismissed his petition, ruling that the application under Section 391 of the CrPC was unjustified and that the inherent powers under Section 482 of the CrPC could not be utilized to bridge a gap in the defence evidence.

Court analysis and judgement

They accepted that the ability to record further evidence under Section 391 CrPC should be used sparingly, only when reasonable diligence was exercised throughout the trial or new facts were discovered during the appeal, preventing the party from submitting evidence. The Court noted that throughout the trial, Rathod cross-examined a witness from the Bank of Baroda to bolster his argument. However, no queries were made to the witness about the authenticity of the signatures on the cheque. Hence court found no reason to interfere with the HC orders and concluded that the case lacked merit and dismissed the said appeal.

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Written by- Namitha Ramesh

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SC remands doctor for misleading representation in a medical negligence case

Title: PC. JAIN V DR. R.P SINGH

Citation: CIVIL APPEAL NO(S). OF 2024 (Arising out of SLP(Civil) No(s). 683-685 of 2023)

Dated on: 29.1.2024

Corum:  HON’BLE JUSTICE B.R GAVAI & JUSTICE SANDEEP MEHTA

Facts of the case

The present case is a complaint of medical negligence filed by P.C Jain against the respondent Dr. RP. Singh, for allegedly causing the loss of vision of Mr. Jain during an eye surgery conducted in 2002-03. The dispute arose when Mr. Jain filed a complaint in the district consumer court, Faridabad alleging that the Doctors negligence caused his visual loss. The district consumer court based on the said reasoning compensated Mr. Jain with Rs. 2 lakhs with 12% annual interest from the date of filing the case. Discontent with the said order the complainant approached state consumer forum which held that the district commission did not have jurisdiction in entertaining the complaint and reversed the verdict and ordered for the complaint to return the said amount. Aggrieved by this the complainant approached national consumer commission where his petition was allowed and order was passed to remand the mater to state consumer forum where his complaint was dismissed. Post that an appeal was filed in NCDRC which accepted Mr. Jains petition and restored the district forums order and modified it with a reduced interest rate of 6% from 12%. The NCDRC also issued a clarifying ruling on Dr. R.P. Singh’s review appeal, limiting the interest payment to the period before he deposited the funds. Both parties filed a challenge to the NCDRC orders in the Supreme Court. A turning point in the plot occurred when Dr. R.P. Singh filed a review petition, saying he had already contributed Rs. 2 lakhs in 2008. In an ex-prate ruling issued on July 22, 2022, the NCDRC recognized Dr. Singh’s version and clarified that he was only had to pay interest. In response Mr. Jain challenging the ex-parte order filed a review petition which was reject.

Issues

whether there was a breach of the duty of care by the doctor?

Court analysis and Judgement

The SC after thorough review of the case modified the NCDRC’s orders, requiring Dr. R.P. Singh to pay Mr. Jain Rs. 2 lakhs with 12% interest from the date of filing the complaint. Dr. Singh was fined Rs. 50,000 by the court for making what the court considered to be a misleading representation.

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Written by- Namitha Ramesh

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SC mandates further investigation before permitting Birla to resume mining near Chittorgarh fort

Title: BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR

V BHANWAR SINGH AND OTHERS

Citation: S.L.P.(C) No. 21211 of 2012

 Dated on: 13 .1.2024

Corum:  HON’BLE JUSTICE SANJIV KHANNA and JUSTICE S.V.N. BHATTI

Facts of the case

The present case is about the Chittorgarh fort of Rajasthan one of the UNESCO recognised world heritage site which became a matter of legal battel between Birla corporation and public interest litigants led by Bhanwar Singh and others. The dispute arose over the said impact on the fort’s structural stability. In response to the petitioners concern the state of Rajasthan annulled mining lease within 10KM radius from the fort region. The matter was later appeared before the SC of India which sought a conclusion.

Petitioners’ Arguments

 The contention of the petitioner is that Birla co sets up a limestone mine at the distance of 4.5 Km away from the fort. The petitioners challenged that challenged HC verdict and contended that mining activities did not cause any discrepancy and harm to the walls of the fort and also raised questions about the annuity of mining rights by the HC within 10Km radius. Additionally, the petitioners were also ordered to pay a compensation of 5 crore for which they claimed disproportionate.

Respondents Arguments

Bhawar Singh the respondents in the appeal primarily filed a PIL in the HC raising concern over impact of blasting operation by Birla related to the lime stone production. They contended that such activities caused cracks and damages to the structure of such national significance and requested for protection for the fort and for the court to intervene and provide guidelines to prevent mining in the region.

Court Analysis

The Hon’ble SC of India upon hearing arguments from the council’s recognized the depth of the situation and ordered for a meticulous examination of the case. Expert reports from agencies such as the Central Building Research Institute, Roorkee (CBRI), the Central Institute of Mining and Fuel Research (CIMFR), and the Indian Bureau of Mines, Mining Research Cell were evaluated. The court determined that blasting operations beyond a radius of five km from the fort wall were safe and did not harm the historical monument. Also, acknowledging the tremendous improvements in technology, the court ordered a new study to be done by a multidisciplinary team of specialists from the Indian Institute of Technology (Indian School of Mines) at Dhanbad. The purpose of this study was to evaluate the impact of electronic blasting devices, which were marketed as potentially safter method for the environment that reduces vibration. This reflected the courts interest in ensuring the most effective mining practices. The court not satisfied with the said reports has extended the investigation further and order various other declaration to arrive at a safe conclusion and posted for further hearing to July 2024.

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Written by- Namitha Ramesh

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