Aditya law Firm

  ·        The Bombay High Court in the matter of Kunal Kamra v. Union of India & Connected Matters., has held the proposed Fact Check Unit under the 2023 amendment to the Information & Technology Rules 2021 directly infringed fundamental rights provided under Article 19(1) (g) of the Constitution of India, 1950 (COI) due to the differential treatment between online and print content. ·        Recently, the Bombay High Court in the matter of XYZ & ABC v. Union of India has held that reproductive health is a facet of personal liberty under the provisions of Article 21 of the Constitution of India, 1950 (COI). ·        The Supreme Court in the matter of Rupashree H. R. v. The State of Karnataka & Ors., has held that the right to defend oneself is a fundamental right under the Constitution of India, 1950 (COI). ·        The Madras High Court in ...

  Kindly refer Part 1 https://adityalaw.blogspot.com/2024/03/will-under-indian-law.html 11.Witnesses:- Witnesses must possess the capacity to act as Such. Because an attesting witness must be capable of physical and mental presence when the tesator signs the Will. Blind persons and persons of unsound mind cannot be competent witnesses. It is important to note that a beneficiary or his/her spouse should not witness a Will "Benefit" includes the benefit of a charging clause given to an executor. It is normal to include such a clause in a Will appointing a professional executor, for example, an Advocate. ln such a case the Advocate/Executor shall not act as a witness. It is advisable, non-beneficiary witnesses alone shall sign on the Will. 12.Choice of Executors:- The choice of appointing an executor depends upon the settled views of the testator. Appointing an executor's depends on several factors. The size and nature of the estate. If the estate is small or when ...

  1.   Meaning of A Will : A will is a property disposition made during a person's lifetime that is intended to be effective after death. Section 2(h) of the Indian Succession Act, 1925 defines the term "will". The term "will" refers to the legal disposition of a testator's wishes regarding their property after death. A Will is a legal declaration of a person's wishes to be carried out after death. Making a Will is the only way to ensure that a person's property is peacefully transferred after death, avoiding disputes and complications. 2.   Characteristics of a Will : The following are four major characteristics of a Will: A Will must be intended to take effect after the testator's death. A Will can be revoked by the testator at any time. Wills are typically used to dispose of property, but they can also be used to create trusts and appoint executors.   A Will can also be used to appoint guardians for minors.   3.   Will and Be...

  The Supreme Court in the matter of Archana v. State of West Bengal held that the power under Section 323 of the Criminal Procedure Code, 1973 (CrPC) may be invoked after the deposition or the examination-in-chief of a witness by the Magistrate. The Supreme Court (SC) in the matter of Satbir Singh v. State of Haryana & Ors. allowed an application filed by a witness under Section 311 of the Code of Criminal Procedure, 1973 (CrPC) seeking to call him again for examination. The Delhi High Court in the case of Ravi Bhushan Upadhyay v. The State held that Courts cannot be used as matrimonial facilitators for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases. The Supreme Court (SC) in the matter of Munna Pandey v. State of Bihar, held that Section 162 of Criminal Procedure Code, 1973 (CrPC) does not affect the power of the Court to look into documents or put questions to witnesses suo motu to contradict them. The Kerala High Court in the...