first_imgTop StoriesDoes Hindu Succession (Amendment) Act, 2005, Which Gave Equal Right To Daughters In Ancestral Property, Have Retrospective Effect? SC Judgment Tomorrow LIVELAW NEWS NETWORK10 Aug 2020 7:24 AMShare This – xThe Supreme Court will tomorrow pronounce its judgment in a batch of appeals raising an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect.These cases are listed before the three judge bench headed by Justice Arun Mishra for pronouncement of Judgment. BackgroundThese cases were…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court will tomorrow pronounce its judgment in a batch of appeals raising an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect.These cases are listed before the three judge bench headed by Justice Arun Mishra for pronouncement of Judgment. BackgroundThese cases were heard by a three judge bench as one of them arose out of a judgment delivered by Delhi High Court which had also granted certificate to appeal. The High Court has noticed that there is a conflict of opinion between Prakash vs. Phulavati, (2016) 2 SCC 36 and Danamma @ Suman Surpur vs. Amar, (2018) 3 SCC 343 with regard to interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005. However, the High Court followed the judgment in Prakash V. Phulavati and held, in facts of this case, that, the amendments of 2005 do not benefit the plaintiff as her father passed away on 11th December 1999.In Prakash V. Phulavati (2015), the Supreme Court bench comprising Justices Anil R. Dave and A.K. Goel had held that the rights under the amendment are applicable to living daughters of living coparceners as on 9-9-2005, irrespective of when such daughters are born. It was held that, there is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect. This position was reiterated by the bench of Justices R.K. Agrawal and A.M. Sapre in Mangammal vs. T.B. Raju (2018).In the case of Danamma @ Suman Surpur vs. Amar (2018), the bench comprising Justices A.K. Sikri and Ashok Bhushan had held that the share of the father who died in 2001 would also devolve upon his two daughters who would be entitled to share in the property. “Section 6, as amended, stipulates that on and from the commencement of the amended Act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. It is apparent that the status conferred upon sons under the old section and the old Hindu Law was to treat them as coparceners since birth. The amended provision now statutorily recognizes the rights of coparceners of daughters as well since birth. The section uses the words in the same manner as the son. It should therefore be apparent that both the sons and the daughters of a coparcener have been conferred the right of becoming coparceners by birth. It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth. Devolution of coparcenary property is the later stage of and a consequence of death of a coparcener. The first stage of a coparcenary is obviously its creation as explained above, and as is well recognized.”, it was observed in the said judgment. The bench comprising Justices Arun Mishra, S. Abdul Nazeer and MR Shah had heard the appeals in June. Next Storylast_img read more

first_imgIn November 2015, essential Brooklyn DIY venue Cameo Gallery closed its doors for the last time. Cameo was a hotbed for up-and-coming talent, and was a home for young musicians like in Williamsburg, as well as a favorite for local artists whenever they wanted to play an intimate show.  Varied acts such as Turkuaz, The Juan MacLean, Eric Krasno & Chapter 2, and Frankie Knuckles all graced the stage at one point or another. Perhaps no band was as intertwined with the rise of Cameo Gallery as The London Souls.  The Brooklyn rockers performed at Cameo an estimated 25+ times, and spent many a long night using the space for rehearsals, recordings, and more.  They felt a true connection with the space, so it was fitting when The Souls were tapped for the gallery’s celebratory final show in Novermber 2015.The Souls have just released raucous pro-shot footage of them playing “The Sound” from this final show at the venue where they cut their teeth.  Check out the video below, and RIP Cameo Gallery!last_img read more

first_imgLiverpool bank on stability over signings to end 30-year title waitLiverpool, United Kingdom | AFP | Missing out on the Premier League title despite a record-breaking campaign was eased by winning a sixth European Cup for Liverpool last season, but ending a 30-year wait to be crowned English champions is now more important than ever on Merseyside.Jurgen Klopp’s men are expected to strike first blood in the title race when they kick off the Premier League season against newly-promoted Norwich under the Friday night lights of Anfield.However, unlike most of their competitors who have delved into the arms race for talent in another transfer window where Premier League clubs have spent over £1 billion ($1.2 billion), the European champions have been conspicuously quiet in the transfer market.Teenage talents Sepp van den Berg and Harvey Elliott have been snapped up with an eye to the future, while Spanish goalkeeper Adrian will replace Simon Mignolet as back-up to Alisson Becker in three low-key arrivals.Klopp, though, believes the foundations are already in place for another tilt at the title after spending over £230 million in the past two years on the likes of Alisson, Virgil van Dijk and Mohamed Salah.“You should never do transfers because other clubs are doing transfers,” Klopp told Sky Sports.“That makes no sense, it’s not about that. And if you sit back for a second and have a look at the squad, do we need more players?”On the evidence of last season, there is precious little for Liverpool to improve on. – Man City set the bar –A Premier League points tally of 97 would have won the title in any season bar the last two as Manchester City have set a new bar under Pep Guardiola.City have further strengthened the squad that won a first ever domestic treble of trophies in England last season with the club record signing of Spanish midfielder Rodri and will be the benchmark for Liverpool to beat.A 1-1 draw between the sides, with City edging a penalty shootout 5-4, in the Community Shield last weekend again highlighted how little there is to separate the English and European champions.Yet, in contrast to last season when Liverpool were the least affected of England’s big six by the late return to pre-season of players at the World Cup, Klopp has a tougher time in ensuring his side hit the ground running.The prolific front three of Salah, Roberto Firmino and Sadio Mane were all involved in international tournaments again this summer.Liverpool have decided against investing heavily in back-up for that trio and their presence was missed in a bumpy pre-season that saw an under-strength side beaten by Borussia Dortmund, Sevilla and Napoli.But Klopp believes the squad he has assembled will be bolstered by Alex Oxlade-Chamberlain, Adam Lallana and Rhian Brewster’s return to fitness, while Naby Keita can have a bigger impact in his second season in English football.“People think that players from other clubs, other countries, are better than the players we have here but without really having the proof, because those players haven’t played here,” he said.“It means whoever wants to start has to be at his top level. We have proper competition and that’s exactly what you need.”Winning the Champions League also booked Liverpool’s place in next week’s UEFA Super Cup and Club World Cup in December, meaning they have five trophies to play for this season.However, it is ending 30 years of hurt by winning a 19th league title come May that will determine whether Liverpool’s season has been a success or failure.Share on: WhatsApplast_img read more

first_imgAnalysts polled by Thomson Financial expected a loss of 72 cents per share. Those estimates typically exclude one-time charges and gains. KB shares rose 30 cents to $24.39 Thursday, though shares had already fallen around 4 percent on Wednesday. Third-quarter revenue fell 32 percent to $1.54 billion from $2.28 billion last year. That surpassed Wall Street’s estimate of $1.5 billion. KB also said it was able to use the proceeds from the sale of its French operations to pay off $650 million in debt. However, unit deliveries fell 28 percent to 5,699 and the average selling price dropped 7 percent to $267,700. The third-quarter cancellation rate of 50 percent was lower than the 60 percent rate in the prior year third quarter, but well above the 34 percent rate in the second quarter of this year. KB’s financial results were released the same day the Commerce Department reported dismal figures for new home sales. New-homes in August fell to the lowest level in seven years, a stark sign that the sudden scarcity of credit is aggravating an already painful housing slump. Sales of new homes dropped by 8.3 percent in August from July, the Commerce Department reported, driving down sales to a seasonally adjusted annual rate of 795,000 units. That was the lowest level since June 2000, when sales clocked in at a pace of 793,000. The company said it expects the market to worsen through 2008 as rising foreclosure rates increase the supply of homes on the market, leading to lower prices. “At this time, we see no signs that the housing market is stabilizing and believe it will be some time before a recovery begins,” said President and Chief Executive Jeffrey Mezger in a statement. “The oversupply of unsold new and resale homes and downward pressure on new home values has worsened in many of our markets.” The company’s backlog, or homes under contract yet to be delivered, fell during the quarter. As of Aug. 31, the figure stood at 11,880 units, down from 17,198 units in the year-ago quarter. Diminished backlog reflects a negative year-over-year net order comparison during the past several quarters and also lower average selling prices, the company said. Net orders for the third quarter fell 6 percent to 3,907, compared with last year’s orders during the same period. At the close of the quarter, KB had $646 million in cash and a ratio of debt to capital of 45 percent, the company said. KB was the latest builder to report sagging sales and earnings during the third quarter. On Tuesday, Miami-based Lennar Corp. reported a third-quarter loss of more than $510 million due to falling sale prices and home deliveries. The company also said it had cut its work force by 35 percent and warned it expected further job cuts.160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! Los Angeles-based builder KB Home swung to a loss in the third quarter and warned Thursday that the beleaguered housing market is likely to worsen next year. The Los Angeles-based company, one of the nation’s biggest home sellers, reported a loss of $35.6 million, or 46 cents per share, for the period ended Aug. 31, compared with profits of $153.2 million, or $1.90 per share, in the year-ago period. KB took pretax charges of $690.1 million and $107.9 million to write down the value of unsold inventory and joint-venture holdings. Those were partially offset by a gain of $438.1 million from the sale of KB’s stake in its French subsidiary. Excluding the French operations, the company reported a loss of $478.6 million, or $6.19 per share, from continuing operations. last_img read more

first_imgCHICAGO – The “Hoop Dreams” came true for Warriors guard Alfonzo McKinnie.It did not just involve returning to his hometown wearing a Warriors uniform in the team’s 149-124 victory over the Chicago Bulls on Monday at United Center, which is 12 minutes away from his childhood home. It did not just involve providing a subplot to Klay Thompson’s 52-point night on an NBA record 14 3-pointers by adding his first career double with 19 points and 10 rebounds. It did not just involve playing in the …last_img

first_imgReal Madrid to use Bale to beat Man Utd for Pochettino dealby Paul Vegas10 months agoSend to a friendShare the loveReal Madrid are ready to use Gareth Bale as a bargaining chip in talks with Tottenham for manager Mauricio Pochettino.The Daily Star says Spurs want £45million at least in compensation for Pochettino, who is also a top target for Manchester United.Sources close to Real suggest they will give Spurs the first option to buy back the Wales international on the cheap – if it paves the way to lure Poch to Madrid.Certainly, the prospect of Bale, 29, returning to the club he left five years ago for a then-world record £85m would be a tempting one for Tottenham supremo Daniel Levy.Re-signing the three-time Champions League winner – even at a reduced price – would be a significant statement going into their first full season at the new White Hart Lane. TagsTransfersAbout the authorPaul VegasShare the loveHave your saylast_img read more

first_imgjaron blossomgame seals win over Duke with a dunk.ESPNJust when you thought ACC basketball couldn’t be deeper, Clemson is throwing its name in the ring with an incredibly impressive win streak. The Tigers, picked to finish 12th in the league, have now won four straight against Florida State, at Syracuse, vs. Louisville, and now vs. Duke. Star forward Jaron Blossomgame led the way for the Tigers with 17 points, none bigger than the dunk which put Clemson up 66-63. Duke could not score on the ensuing possession, and Clemson held on for a 68-63 win.#SCtop10 Clemson ballin tonight #DidDukeWin.com pic.twitter.com/pt9xWRieDZ— Asher Lucas (@AsherLucas) January 14, 2016(Click here for a better video, via ESPN.)With a 4-1 record in league play, the Tigers are making some serious noise.Brad Brownell has now beaten Syracuse, Louisville, & Duke back-to-back-to-back. That deserves a free meal folks. Palpable buzz at Clemson.— Jon Rothstein (@JonRothstein) January 14, 2016The court rush left something to be desired, however.That moment when you watch Clemson beat Duke… @kendallsilvers pic.twitter.com/1eAQh7L9FF— James Mattos DeHart (@MattyIceBaller) January 14, 2016Clemson is now 11-6 overall, and seem to be improving by the game. This is not a bad year at all for Clemson Tiger fans.last_img read more

first_imgTORONTO – Home Capital Group Inc. (TSX:HCG) says it has reached an agreement to sell its payment processing and prepaid card business as it looks to further streamline operations.The Toronto-based alternative mortgage lender says the sale of the business will save about $20 million in annual salary and other operating costs, while giving up the $18 million in fees and other income it brought in.Home Capital had already signalled its intention to sell the division as a non-core operation, and says the impact from the sale on its full-year net income is insignificant.Earlier in October, the company said it had cut 65 jobs as part of a program to eliminate $15 million in annual costs that was largely complete.The company has been looking to restore soundness after allegations by regulators that it misled investors prompted a run on deposits by customers in April.Home Capital says it is still facing elevated expenses because of the scrutiny, and the need to borrow funds at higher rates to make it through the liquidity crunch.last_img read more

first_imgLEAMINGTON, Ont. – Marijuana producer Aphria Inc. says it met with the Toronto Stock Exchange last week to discuss the exchange’s recent guidance that pot firms with U.S. exposure could face delisting.Aphria chief executive Vic Neufeld says the company reiterated its commitment to work collaboratively with the TSX as it continues to monitor developments in this sector.He noted that Aphria has not received notice from the TSX of a continued listing review.Aphria (TSX:APH) has investments in Florida and Arizona.The TMX Group, which operates the Toronto Stock Exchange, warned companies earlier this month that U.S. federal marijuana laws takes precedence over state laws.It said that companies doing business that violates the federal law are not complying with their listing requirements.Last week, Neufeld said he wanted to remain listed on the TSX and had no plans to move to the smaller marijuana stock-friendly Canadian Securities Exchange.Neufeld has said that if the company cannot reach a compromise, there are options, including a spin-off of its U.S. activities to be listed on the CSE.last_img read more

first_imgKolkata: South Eastern Railway’s (SER) documentary on braveheart Pushpa Sing, who is keyman in the engineering department, under Kharagpur Division has won the ‘Best Creativity Award’ in the 64th All India Inter Railway Documentary Competition held at Ahmedabad, recently.The unique documentary was conceptualised by P.S. Mishra, general manager of South Eastern Railway. This documentary video was released on International Women’s Day this year and Pushpa was felicitated by the Chairman, Railway Board, on that very day. Also Read – Bengal family worships Muslim girl as Goddess Durga in Kumari PujaPuspa Singh, a woman with strong determination, devoted herself to her duty bypassing all hardships. All through the video presentation, her courageous deeds in various odds were vividly and vehemently picturized. Her work and activities overwhelmed the audience during the competition. Twenty Railways and Railway PSUs participated in the competition. Meanwhile, with a view to provide secured and comfortable journey to the passengers, South Eastern Railway has planned to run Howrah-Puri Express and Puri –Howrah Express (opposite direction) with modern LHB (Linke Hofmann Busch) coaches instead of existing conventional coaches. Also Read – Bengal civic volunteer dies in road mishap on national highwayThe services of Howrah-Puri Express with LHB rake will start from Howrah with effect from April 30 and from Puri on May 1. The Howrah Puri Express with the installation of the new LHB rakes will have one AC first class compartment, three AC 2 Tier coaches, four AC 3 tier compartments, eleven sleeper class coaches and two general second class bogies. The LHB coaches have a number of facilities. During collision or derailment, the coaches do not climb onto adjacent coaches, due to the use of Center Buffer Coupling.last_img read more