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SangsLegal News A blank cheque leaf is voluntarily signed by the drawer is presumed to have been issued in fulfillment of a legally binding debt under NI Act: Supreme Court |
According to Section 139 of the Negotiable Instruments Act, the Supreme Court has confirmed that when a blank cheque leaf is voluntarily signed by the drawer and given to the payee for a specific payment, it is presumed to have been issued in fulfillment of a legally binding debt. |
SangsLegal News A property bought by a husband in the name of his homemaker wife, who has no independent source of income is considered a family property: Allahabad High Court |
The Allahabad High Court ruled that a property bought by a husband in the name of his homemaker wife, who has no independent source of income, is considered a family property. The Court stated that it is customary and usual for Hindu husbands to acquire properties in their wives' names. The Court noted that in the absence of evidence proving that the property was acquired with the wife's income, it is presumed to have been purchased by the husband with his own earnings. |
SangsLegal News The termination of a woman nursing officer from the Military Nursing Service due to her marriage is a clear case of gender discrimination: Supreme Court |
The Supreme Court criticized the termination of a female nursing officer from the Military Nursing Service due to her marriage, calling it a clear case of gender discrimination and inequality. The court reaffirmed that the rules leading to such terminations on the basis of marriage are unconstitutional. The case was first heard by the Armed Forces Tribunal in Lucknow, where the disputed order was overturned and all related benefits and back wages were awarded to the individual. The Tribunal also reinstated her employment. Subsequently, the Union appealed to the Supreme Court. The Court observed that the regulations in question applied exclusively to women, deeming them "manifestly arbitrary".Additionally,he Court ordered the Union to compensate the petitioner with an amount of Rs.60,00,000/. It was further clarified that this payment would serve as a complete settlement for all claims made by the petitioner. |
SangsLegal News Women Army officers will be provided with equal opportunities for regular postings, center informs Supreme Court |
The Centre has informed the Supreme Court that starting from April 2024, women Army officers will be provided with equal opportunities for regular postings. A new policy is currently being developed to ensure that both male and female officers in the Indian Army, who are commissioned permanently, are given proper rotations in regular units. |
SangsLegal News Juveniles can exercise their “right to be forgotten” resulting in the destruction of their delinquency records :Rajasthan High Court |
The Rajasthan High Court has ruled that juveniles can exercise their “right to be forgotten”resulting in the destruction of their delinquency records, under Section 24 of the Juvenile Justice (Care & Protection of Children) Act, 2015. The state is prohibited from seeking access to such records. |