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_imgEmbed from Getty ImagesHampton & Richmond Borough signed teenage goalkeeper Sam Howes from West Ham on loan.The 19-year-old, who has previously been on loan at Wealdstone, is expected to stay with the Beavers until the end of the season.Howes, an England Under-18 international, is set to replace Billy Bishop for Saturday’s National League South match against Bath City.   Ads by Revcontent Trending Articles Urologists: Men, Forget the Blue Pill! This “Destroys” ED x ‘Genius Pill’ Used By Rich Americans Now Available In Netherlands! x Men, You Don’t Need the Blue Pill if You Do This x What She Did to Lose Weight Stuns Doctors: Do This Daily Before Bed! x One Cup of This (Before Bed) Burns Belly Fat Like Crazy! x Do This Immediately if You Have Diabetes (Watch) x Follow West London Sport on TwitterFind us on Facebooklast_img read more

first_imgOAKLAND — Less than 11 months ago the Athletics designated pitcher Liam Hendriks for assignment, making him available on waivers to any team that was interested in his services.The Australian-born right-hander was up for grabs, but considering Hendriks had a 7.36 earned run average in 13 appearances, there were no takers. So Hendriks accepted an assignment to Triple-A in hopes of rediscovering his fastball, which had dipped into the low 90s after consistently being in the 95 to 97 range and …last_img

first_imgMatt Asay Role of Mobile App Analytics In-App Engagement Tags:#Forrester#HTML5#Jeffrey Hammond#mobile#Open Source What it Takes to Build a Highly Secure FinTech … Why IoT Apps are Eating Device Interfacescenter_img The enterprise has always been buttoned-down, conservative. And that’s a good thing. Let the wacky Web crowd dabble in new-school technologies. Eventually they’ll be back, begging for a white paper or two to explain best practices of green screens and mainframes. Right?Not even close. As Forrester analysts Jeffrey Hammond and Julie Ask highlight in a new report, “The Future Of Mobile Application Development,” enterprises must embrace mobile to succeed, with mobile development requiring modern development techniques and technologies like elastic infrastructure, open source and DevOps.  With over one billion smartphones globally, a number that keeps booming, they argue “We’re entering a new age of application development that creates modern, compelling systems of engagement and links them with systems of record and systems of operation.”The problem is keeping pace:“As companies target more devices and platforms when building modern applications, client-side development costs will increase. At the same time, they will need to deploy releases faster than ever. The only way to survive this Catch-22 is to lower the cost of testing new ideas and make it quicker and cheaper to separate the good ideas from the bad.”Looking For SolutionsHammond and Ask aren’t alone in pointing to this enterprise quandary, even within Forrester. Indeed, the need for flexible development is top of mind across the analyst firm, with analyst Mike Gualtieri arguing that “Traditional application development platforms such as Java and .NET are not necessarily the fastest approaches to develop applications. CIOs should investigate application development productivity platforms that make application development professionals more productive.” And faster.Like what?In listing out elements of a successful mobile development strategy, Hammond and Ask point to a few essential technologies or technology approaches:RESTful APIs that are asynchronous and can be consumed across multiple channels;In-memory databases;Open-source software…everywhere (lowers barriers to try new approaches);Shared SQL databases and NoSQL databases (commodity hardware; scale-out architecture);Dynamic languages (e.g., PHP, Django) in concert with static languages like Java and .NET;Lightweight process communication frameworks like node.js and nginx (reduces resource consumption, among other things).Each of the above elements contributes to a much more iterative, agile approach to development. I’d probably also add HTML5, as building native-only applications makes it harder to iterate an application and adds significantly more cost (up to 30%, according to Forrester’s analysis). For enterprises who think these things nudge them toward acting more like their Web peers, the answer is “Yes.” Just as the Web has gifted innovation like Hadoop to the enterprise so, too, is it paving the way for enhanced mobile development.Here Comes The FutureIt’s almost trite to say it, but mobile is the future of computing, whether for the consumer or in the enterprise. As such, enterprises need to emulate the best of modern consumer Web approaches. The alternative, according to Forrester, is not pleasant: “Ignore these structural and business model changes and you risk creating a new generation of stovepiped mobile apps that are hard to maintain and ill-equipped for the changes that are just over the horizon.”Enterprise CIOs needn’t panic, though. They have time.  As Forrester points out, the attributes of successful mobile development they cite are being used by leading mobile app developers, but not perfectly, and still not widely. Mainstream mobile app developers are only just now learning to embrace more of these elements of success, and the enterprise is even slower. Based on Indeed.com’s top-10 job trends, however, the enterprise is clearly waking up to these needs, hiring droves of developers with HTML5 and other related mobile experience. In sum, they have time, but they need to get moving on emulating Web companies. Now.Image courtesy of Shutterstock. Related Posts The Rise and Rise of Mobile Payment Technologylast_img read more