Month: April 2023

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CLL is now accepting submissions for the third volume of the NLIU Journal for Labour and Employment Law (NLIU-JLEL).

About NLIU

National Law Institute University, Bhopal is one of the oldest and most reputed National Law Universities in India. NLIU has been at the forefront of imparting quality legal education and has produced an alumni base which spans the world, who have excelled not only in the traditional legal domain but also in public administration, academia, and policy-making. NLIU fosters and rewards a culture of academic rigour. The university promotes research in cutting-edge areas of law, regularly organising cross-disciplinary and industry-wide workshops, seminars, and training programs on subjects of contemporary relevance. The university is also the alma mater of many reputed journals which receive submissions from students, professionals, regulators, academicians et cetera all across the legal field, fomenting a culture of academic research and providing a platform for multi-directional conversation.

About CLL

The Centre for Labour Laws (CLL) at the National Law Institute University, Bhopal aims to generate scholarship and work as a think tank for the robustness and soundness of Employer-Employee Relations Management. To bring better analytical clarity at national, regional and global levels, the Centre seeks to engage public and private stakeholders for working together on the exchange of ideas, policy recommendations and allied regulatory issues. The Centre for Labour Laws (CLL) was established in 2019 but hit the shot amidst the most uncertain times mankind had ever seen i.e. Covid-19 pandemic, due to its initiative christened as Mazdoor Mitra, wherein the plight of migrant workers during the initial phase of lockdown was in a blatant misery. A bearer of light and empathy then, CLL is one of its kind and serves as an embodiment of labour rights for the brick-bearers of our nation- the Labourers. Over the short span of 2 years, CLL has taken various collective, collaborative and consistent initiatives to seek justice and spread general awareness, respect and empathy for the nation’s labour class.

Theme

The theme for the Volume III of the journal shall be “Contemporary Developments and Trends in Labour and Employment Laws: Analysis and Implications.” The Journal seeks to explore the latest developments and trends in labour and employment laws and to analyze their implications on society, economy, and governance.

Submissions

• Research Articles: 4,000 – 8,000 words
• Case Comments: 2,500 – 5,000 words
• Book Reviews: 1,500 – 3,000 words
• Legislative Comments: 2,000 – 4,000 words
• Short Articles or Notes: 2,000 – 4,000 words

Note: The journal permits up to two authors for co-authored submissions. However, for Case Comments, Book Reviews, and Legislative Comments, co-authorship is not permitted.

How to Submit

The submissions shall be made using the Google form link. The same can be accessed using the QR.

Last date for submission

7th May 2023, 11:59 PM IST.

Contact Details

Devansh Malhotra (Editor-in-chief) :+91 98724 50314 (WhatsApp only)
Udhav Mittal (Managerial Head): +91 81307 34392 (WhatsApp only)

Official Notification

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About the Firm

POSH at Work believes that sexual harassment at the workplace does not only cause mental and/or physical damage to the person harassed but also seriously curtails opportunities at work by creating a discriminatory work environment. They believe that to ensure equal participation and equal opportunity at work, it is extremely important to do away with discriminatory behaviour and re-instil the faith of employees/workers in the organization. They believe that this can be done only with effective and efficient compliance with the law against sexual harassment i.e. the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and other related laws.

Responsibilities

• Act as an External Member
• Assist in handling inquiries and drafting reports
• Assist in conducting training programs for different stakeholders
• Conduct research, prepare opinions etc.
• Any other work required as per the role

Experience

• Preferably having knowledge of the POSH Law
• Preferably 1-year experience as an in-house lawyer or at a law firm,
• Preferably worked in the POSH space or women & child rights
• Preferably having experience in drafting writs, reports, handling complaints of any kind

Educational qualifications

Bachelors’/Master’s degree (MBA) in Law (BA LLB, LLM )

Skills

• Drafting skills (like research and drafting)
• Looking for teamwork – interpersonal skills
• Excellent verbal and written communication skills
• Organizational and time management abilities
• Critical thinking and decision making
• Resourceful, proactive and solution-oriented
• Comfortable in working against deadlines
• Comfortable working from home and doing intra-city and inter-city travel

Remuneration

Remuneration will be decided depending on the value candidate brings, past records and industry practices

CLICK HERE TO APPLY

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Shriram General Insurance Company Limited is a Joint Venture between Shriram Capital Limited (Part of Shriram Group) and Sanlam Limited. The Company is looking for Senior Executive/Assistant Manager in their Legal Department.

Position Title

Senior Executive/Assistant Manager – Legal

Job Description

1. Legal Officers monitor day to day working of MACT cases
2. Coordinate with advocates and process the award in the system as per the company
3. Must have knowledge of all basic laws including but not limited to Insurance Law, Criminal Law, Civil Law, and Public Interest Litigation (PIL)
4. Should be able to advise and guide on all legal aspects relating to the business of the company

Skills Required

1. The candidate must be a Law Graduate and on the roll.
2. The candidate must have 1+ years in the relevant field.
3. Proficient in English (both reading and writing).
4. Good Communication & Presentation Skills
5. Knowledge of Computers
6. Analytical & Reasoning Skills

Salary

As per Industry Norms

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Introduction

The law of torts is a significant part of the Indian legal system, providing remedies to individuals who have suffered harm due to the wrongful acts of others. Over the years, the law of torts in India has witnessed significant growth and development, thanks to the active role played by the judiciary. The courts have interpreted and applied tort law principles in various cases, shaping and expanding the scope of the law. In this context, this discussion will examine the growth of the law of torts in India and the role of the judiciary in shaping it. We will also explore how the Indian courts have relied on the principles of tort law in other common law jurisdictions to fill gaps in the Indian law of torts.

Relevance

The law of torts in India has seen significant growth and development over the years, with the judiciary playing a crucial role in shaping and expanding the scope of the law. Tort law refers to civil wrongs or injuries that are committed by one party against another, resulting in harm or loss, and for which the aggrieved party can seek compensation.

The growth of the law of torts in India can be traced back to the colonial period when the British introduced the concept of negligence and other tortious liability concepts to the Indian legal system. Over time, Indian courts have expanded the scope of the law to include various types of torts, such as nuisance, defamation, and trespass.

One of the key factors that have contributed to the growth of the law of torts in India is the changing socio-economic and political landscape of the country. As India has developed into a more complex and diverse society, the legal system has had to adapt to meet the changing needs and demands of its citizens. The growth of tort law has been driven by a need to protect individual rights and interests, as well as to promote social justice and equity.

Another factor that has played a significant role in shaping the law of torts in India is the role of the judiciary. The Indian judiciary has been proactive in interpreting and expanding the scope of tort law, often relying on international legal principles and jurisprudence to guide its decisions. Through its judgments, the judiciary has not only clarified the legal principles and concepts of tort law but has also established new precedents that have had far-reaching implications for the development of the law.

One example of the judiciary’s role in shaping the law of torts in India is the landmark case of M.C. Mehta v. Union of India^[1]. In this case, the Supreme Court of India recognized the concept of absolute liability, which holds industries strictly liable for any harm caused by their activities, regardless of whether they were negligent or not. This decision has had a significant impact on the development of environmental law in India, as it has provided a powerful tool for holding polluting industries accountable for their actions.

Another example of the judiciary’s role in shaping the law of torts in India is the recent case of Shayara Bano v. Union of India^[2]. In this case, the Supreme Court of India declared the practice of triple talaq (instant divorce) among Muslims to be unconstitutional and violative of the fundamental rights of women. This decision has not only had a significant impact on the rights of Muslim women but has also expanded the scope of tort law to include violations of fundamental rights as a tortious acts.

In conclusion, the growth of the law of torts in India has been driven by a need to protect individual rights and interests, promote social justice and equity, and adapt to the changing needs and demands of society. The judiciary has played a critical role in shaping and expanding the scope of the law, through its proactive interpretation and application of legal principles and concepts. As India continues to evolve, it is likely that the law of torts will continue to grow and develop, driven by the changing needs and demands of its citizens and the role of the judiciary in shaping the law.

Criticism of Growth of Torts

The law of torts in India has seen significant growth and development over the years, and the judiciary has played a crucial role in shaping the law. Tort law is concerned with providing remedies for civil wrongs or injuries caused by one party to another. The development of the law of torts in India can be traced back to the colonial period when the British introduced the concept of tort law in India.

One of the significant contributions of the judiciary in shaping the law of torts in India has been the recognition and expansion of the scope of tort liability. In the landmark case of M.C. Mehta v. Union of India^[3], the Supreme Court recognized the principle of absolute liability, which holds that any enterprise engaged in a hazardous or inherently dangerous activity must pay compensation to those who suffer harm from such activity, irrespective of whether or not the enterprise has been negligent. This decision expanded the scope of tort liability and ensured that victims of industrial accidents and environmental disasters received compensation for their losses. Another important contribution of the judiciary has been the recognition of new causes of action in tort law.

For instance, in the case of Vishakha v. State of Rajasthan^[4], the Supreme Court recognized sexual harassment at the workplace as a violation of a woman’s fundamental rights and awarded compensation to the victim. Similarly, in the case of R.K. Anand v. Delhi High Court^[5], the court recognized the tort of criminal contempt, which had not been previously recognized in India.

The judiciary has also played a crucial role in developing the principles of vicarious liability in India. Vicarious liability holds that an employer is liable for the torts committed by its employees in the course of their employment. The doctrine of vicarious liability has been expanded to cover not only traditional employer-employee relationships but also situations where a person has a sufficient degree of control over the activities of another person.

However, there are also some criticisms of the growth of the law of torts in India and the role of the judiciary in shaping the law. One of the main criticisms is that the development of tort law in India has been slow and inconsistent, and there is a lack of clarity on many tort law principles. For instance, there is no clear definition of what constitutes a tortious act, and the standards for determining negligence are not well-defined. This lack of clarity has led to uncertainty and confusion in the application of tort law in India.

Another criticism is that the judiciary’s role in shaping the law of torts has been too expansive, and this has led to judicial activism. Some argue that the courts have taken on a policymaking role in developing tort law, which should be left to the legislature. Judicial activism has also led to an increase in litigation and the clogging of the court’s dockets. In conclusion, while the growth of the law of torts in India and the judiciary’s role in shaping the law have been significant, there are also criticisms of the slow and inconsistent development of the law and the judiciary’s expansive role in policymaking. There is a need for greater clarity and coherence in tort law principles to ensure greater certainty and predictability in their application.

Conclusion

In conclusion, the law of torts has seen significant growth and development in India over the years. The judiciary has played a crucial role in shaping the law through its interpretations and rulings on various tort cases. The courts have often applied principles from other common law jurisdictions to fill gaps in the Indian law of torts. Additionally, the judiciary has expanded the scope of tort liability by recognizing new causes of action and extending the boundaries of existing torts. Overall, the growth of the law of torts in India and the role of the judiciary in shaping it have been instrumental in providing a remedy to individuals who have suffered harm due to the wrongful acts of others.

---

Endnotes:

1. M.C.Mehta v. Union of India, 1987 SCR (1) 819; AIR 1987 965
2. Shayara Bano v. Union of India, AIR 2017 9 SCC 1 (SC)
3. Ibid 1
4. Vishaka and Ors. v State of Rajasthan, AIR 1997 SC 3011
5. R.K. Anand v. Registrar, Delhi High Court, 2009 8 SCC 106

This article is written by Aehra Tayyaba Hussain, a 1st-year B.A. LLB student at Symbiosis Law School Hyderabad. 

About the Job

The position will work closely with the Chief Legal Officer handling legal issues with regard to high stake transactions and contracts including fundraising exercises, mainly equity linked transactions. Primarily responsibility includes bidding, new business, equity-linked transactions (acquisitions, mergers, stake sale), transaction structuring and contract management. A close working relationship with the Airport Sector Legal Team will also be required for effective deliverables.

Job Title

AGM Legal

Roles and Responsibilities

• Handling high-stake transactions in the airport sector including fundraising, due diligence, mergers, acquisitions, restructuring, divesture, stake sale etc. and drafting, negotiating and finalization of term sheets, agreements and contracts on this behalf.
• Providing legal assistance to BD-related activities viz. new biddings (including RFPs, RFQs and Concession Agreements) for International/Domestic Airports.
• Drafting, vetting, negotiating and finalizing contracts of various streams with regard to functions of the airport and its joint ventures for the development of existing/ new business.
• Have a process/systems-oriented outlook with the ability to work under pressure and in a structured time frame.
• Provide regular support for day to day requirements of the department

Educational Qualifications

LLB minimum. CS qualification is added advantage

Relevant Experience

10-12 Years minimum of experience in contracts and corporate & banking laws

Application Procedure

To apply, CLICK HERE

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About the Organization

JPMorgan Chase & Co. is a leading global financial services firm with assets of $2.6 trillion and operations worldwide. The firm is a leader in investment banking, financial services for consumers and small businesses, commercial banking, financial transaction processing, and asset management. A component of the Dow Jones Industrial Average, JPMorgan Chase & Co. serves millions of consumers in the United States and many of the world’s most prominent corporate, institutional and government clients under its J.P. Morgan and Chase brands.

Job Title

Associate Legal Counsel (Lending)

Role Description

• JPMorgan’s EMEA seeks a lawyer based in Mumbai to support its Corporate & Investment Bank in the EMEA region. The lawyer will be an integral part of the EMEA Banking Legal team working closely with the regional lawyers based in London, and will support lending transactions and loan trading activity engaged in by several businesses across the Corporate & Investment Bank including the Global Corporate Bank, Syndicated and Leveraged Finance, Structured Lending, Credit Portfolio Group, Securitised Products Group, Secondary Loan Trading and Credit Trading.
• Key functions will include assisting (in accordance with policies, procedures, regulatory requirements and based on internal guidance and standard operating procedures) in the documentation, negotiation and execution of lending and loan trading transactions, working on group projects and initiatives, and identifying and advising on related legal issues.
• The lawyer will report to Carter Moore in London and to a local supervisor in Mumbai.
• By joining the team, the successful candidate will have the opportunity to play a critical role in the success of several market leading businesses, where the role of the in-house lawyer is vital to the success of the business.
• The Position involves frequent interaction with internal teams across the Corporate & Investment Bank including Sales, Credit Risk, Client Service, Business Management and Operations, as well as external Clients.

Roles & Responsibilities

• Provides leadership and acts as the Team Lead for the EMEA Banking Legal Team in Mumbai.
• Builds and manages key relationship stakeholders in the legal department as well as Sales, Credit Risk, Client Service, Business Management and Operations and external Clients in EMEA.

Candidate Qualifications And Skills

• A qualified lawyer in India with 3 to 8 years of PQE (additional qualification England and Wales or other common law jurisdiction will be viewed favorably) and relevant experience gained at a leading domestic or international law firm and/or leading financial institution.
• Has successful track record of coaching, mentoring team members and leadership skills including attracting, developing, and retaining talent.
• Mature personality with skills and ability to work independently under pressure.
• Strong drafting, negotiation and legal analytical skills with strong attention to detail.
• Pragmatic with ability to strike appropriate balance between achieving the commercial goals of the business while protecting the interests of JPMorgan as a whole.
• Ability to timely and appropriately identify risks and escalate issues to relevant stakeholders.
• Confident and proactive with excellent communication skills.
• Ability to work collaboratively and build close rapport with internal stakeholders across Sales, Product, Client Service, Operation, Risk and Compliance functions across jurisdictions.
• Ability to adapt and apply legal skills in new contexts, to new businesses and subjects in which one may not have prior relevant experience, and willingness to develop and excel beyond his/ her comfort zone; and
• Ability to manage competing priorities, project-manage and co-ordinate large projects, in a dynamic global environment.
• Team player, confident and proactive with strong interpersonal skills,
• Lawyer must be qualified and eligible to practice law in the jurisdiction in which the position is based.
• The candidate must successfully complete a conflicts of interest clearance review prior to commencement of employment.

Application Procedure

To apply, CLICK HERE

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Aureate Advocates and Solicitors, a law firm based in Defence Colony, New Delhi, is inviting applications for internships for April and May. The work would primarily be focused on tax and commercial laws.

Internship Duration

April and May

Eligibility

• Position only available for students 2nd year and above students
• The work is predominantly taxation based so interest in taxation is a must.

Location

Delhi

Application Procedure

Interested candidates may apply at information@aureatechambers.com . Share your CV along with a writing sample of a maximum of two pages. Application without writing sample will not be entertained.

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Law Offices of Ankit Batra has an urgent requirement for an enrolled advocate with 0-2 years PQE.

About the Organization

The chamber deals in core litigation before all Trial Courts of Delhi & High Court of Delhi & Tribunals in Delhi.

PQE

0 to 2 Years

Requirements

• The candidate must be adept with trial court procedure and should be well versed with procedural laws.
• The candidate must be able to appear before courts independently and should be well versed with drafting pleadings.

Joining

Immediate

Salary

Negotiable

Location

The candidate will be required to work out of offices in Paschim Vihar & Defence Colony.

Application Procedure

Interested candidates may drop their CV & their drafts at advocateankitbatra@yahoo.in.

Deadline

20th April 2023

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-Report by Mehul Jain

It was held by the Delhi High Court in the case of M/S THE COMMERICAL ELECTRIC WORKS & ORS VS SHARDA GUPTA that the Delhi High Court on April 06, while not changing the decision of Trial Court for giving landlady property to his grandson for bona fide needs. Because of the dicta of the Supreme Court, this Court is of the view that the issues raised by the Petitioner herein do not merit any interference and the finding of the Trial court does not suffer from any infirmity. The petition of the petitioner is dismissed by the Hon’ble High Court.

FACTS

The judgment is made by the learned Single Judge bench on 06 April 2023. The judgment is given by “HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA”. This revision petition has been filed by the Petitioners, tenants, assailing the eviction order dated 23.03.2019, passed by the Additional Rent Controller, Central District, Tis Hazari Courts, Delhi (‘Trial Court’), in Eviction Petition No. E-150/16 (New No. 15/17).

The Respondent, the landlady, is stated to be the owner of the entire property bearing No. 1814-1815, ward No. IV, Chandni Chowk, Delhi (‘subject property’) which comprises a Ground Floor (‘GF’), Mezzanine Floor, First Floor (‘FF’), Second Floor (‘SF’), and Third Floor (‘TF’).

The Respondent filed the eviction petition for recovery of the commercial premises being the ground floor, mezzanine floor, and third floor of property No. 1814-1815, ward No. IV, Chandni Chowk, Delhi (‘tenanted premises’) located in the subject property. The eviction petition was filed by the landlady on the plea that she has a bona fide need for her grandson i.e., Mr. Kanishk Gupta, who has recently graduated and wants to establish, run and operate his own business or join the landlady in her existing business and expand the said business, from the tenanted premises. It was asserted that there is no other commercial property owned by the landlady. However, before this Court, the learned Counsel for the Petitioners has restricted his oral submissions to assail the findings concerning bona fide need on the plea that FF and SF of the subject property are lying vacant and are therefore, available to the landlady for the alleged business of her grandson. The Trial Court after considering the submissions of the parties held that the Respondent is the owner as well as landlady in respect of the tenanted premises. The Trial Court further held that the tenanted premises are bona fide and required for the business of the grandson. The Trial Court rejected the submission of the Petitioners herein that the landlady has suitable alternative accommodation on the FF and SF of the subject property. The Trial Court relied upon the photographs placed on record to opine that the FF and SF are in a dilapidated condition. The Trial Court, further, held that there is no parity between commercial premises located on the ground floor vis-à-vis upper floors. In light of the aforesaid facts and findings, the Trial Court rejected the application seeking leave to defend and passed the impugned eviction order.

PETITIONER CONTENTION

The petitioner’s counsel states that the tenanted premises are not bona fide required by the Respondent, landlady, since her grandson, for whose bona fide need the tenanted premises are required, is working as a relationship manager in the HDFC Bank branch at A-9, Lajpat Nagar-4, New Delhi.

Petitioner states that the FF and SF of the subject property were recovered by the Respondent, landlady, in May 2013, in an eviction petition (E106/13/09) filed by her under Section 14(1)(e) of the DRC Act. In this regard, he has placed on record the electricity bill issued by BSES Yamuna Power Limited (‘BSES’) for the meters installed on the said floors, to show the negligible consumption of electricity in the said premises. 

He relies upon the Petitioners’ averments recorded in the order dated 06.09.2019 passed by this Court, whilst issuing notice in the present petition. Petitioner states that the non-use of the FF and SF by the Respondent belies the plea of bona fide need and the Trial Court erred in dismissing the leave to defend the application.

RESPONDENT’S CONTENTION

In reply, learned counsel for the Respondent, the landlady, states that currently, both, the Respondent’s son i.e., Mr. Manish Gupta and grandson i.e., Mr. Kanishk Gupta are unemployed. Both the grandson was employed before but they leave their job for operating or running the business.

He states that the landlady along with her daughter-in-law i.e., Ms. Madhu Gupta had started the business of sale of women’s wear under the name and style of ‘Kanishk Sarees’ in the year 2014, from the FF of the subject property. He states that however, the said business has failed as customers are unwilling to come to FF in the subject property. However, FF and SF are unsuitable for new businesses.

He states that the Petitioners herein have abused the procedural safeguards to delay the hearing in the present revision proceedings. He states that even during the adjudication of the eviction petition, though the leave to defend application was filed, however, a copy of the same was not provided to the landlady for almost 3 years.

COURT’S DECISION

The Hon’ble High Court observed that the decision of the Trial Court was correct and there is no need to change or revision of that judgment. So, the Hon’ble High Court gives the judgment in the favour of Respondent. And the Hon’ble High Court referred the case which is related to this matter as “Abid-ul-Islam v. Inder Sain Dua, (2022) 6 SCC 30”[2].

The subject eviction petition was filed much later on 26.12.2016 and for the bona fide need of the grandson, which in this opinion of this Court has rightly upheld by the Trial Court. The Supreme Court in the case of Abid-ul-Islam (Supra) has after discussing the law held that the scope of the revisional jurisdiction under Section 25B(8) of the DRC Act is limited.

Accordingly, because of the aforesaid discussion, this Court finds no merit in this revision petition, which is hereby dismissed and the eviction order dated 23.03.2019 is upheld. The pending applications are disposed of. The interim order dated 06.09.2019 is hereby vacated. The Respondent is at liberty to proceed with the execution of the eviction order and the Petitioners will be liable to continue to pay the use and occupation charges at Rs. 15,000/- per month, until the handing over of the possession to the Respondent.

READ FULL JUDGEMENT: https://bit.ly/40SpfYo

-Report by Himanshi

The recent judgement of Shri Mukund Bhatia vs State (Govt of NCT of Delhi) & ORS is concerned with the grant of Letters of Administration / Probate of the Will in respect of the immovable properties left behind by the Paternal Aunt of the petitioner.

FACTUAL BACKGROUND:

The Paternal Aunt of the petitioner, Kumari Lajja Bhatia (hereinafter referred to as “The Testatrix”) was a permanent resident of 17/14, Old Rajinder Nagar, New Delhi – 110060. She expired as a spinster, leaving behind her nephew, petitioner herein; her brother, respondent no.2 herein; the wife and two sons of her pre-deceased brother, impleaded as respondent no.3 herein; and her sister, respondent no.4 herein.

The above-mentioned property acquired by Testatrix was a self-acquired property of her late father and by the virtue of the Will executed by him; the said property was bequeathed to the Testatrix. Thereafter, upon the death of the Testatrix, the said property has devolved upon the petitioner as per the Will, dated 15.01.2020, executed by her.

During her lifetime, she also purchased other immovable property in Pitampura, Delhi with a Conveyance deed dated 29.07.2004. As per the terms of the subject Will, the property is to be divided in the following manner:-

• 70% share of the said property shall devolve upon the petitioner;
• The remaining 30% share shall devolve upon Respondent No. 5 which is a religious trust.

Therefore, the present petition has been filed in the court with reference to sections 276 and 278 of the Indian Succession Act, 1925 seeking the Probate of Will executed by the Testatrix in respect of the immovable properties left behind by her.

PETITIONER’S CONTENTIONS:

• The learned counsel for the petitioner alleged that during her lifetime she had executed the subject Will dated 15.01.2020 in the presence of two attesting witnesses namely Shri Vijay Vasandani and Shri Ashok Pohuja.
• The learned counsel also provides the details of the moveable assets in the form of fixed deposits, PPF and shares left behind by the Testatrix.
• They further contended that as per the affidavit of service filed by the petitioner, Respondent Nos. 3 to 5 were duly served. However, despite service, they failed to appear. Thereby, their right to file objections has been closed by the learned Joint Registrar (Judicial).
• The learned counsel further states that respondent no.2 has filed an affidavit giving his ‘No Objection’ for the transfer of property in favour of the petitioner as per the Will dated 15.01.2020.

Therefore the learned counsel for the petitioner submits that this is an uncontended case.

RESPONDENT’S CONTENTIONS:

The petition is not contested by Respondent No. 2 and Respondent No. 3 to 5 has failed to appear despite service.

JUDGEMENT:

The Delhi HC in its judgement relied upon sec 68 of the Indian Evidence Act, 1872 which provides that where a document is required by the law to be attested, it shall not be used as evidence until at least one attesting witness has been called for proving its execution. In the present case, the two attesting witnesses approved that Late Kumari Lajja Bhatia had signed the Will in their presence. They further stated that the subject Will was executed by her voluntarily and when she was in sound disposing of mind. Hence, the requirements of Section 68 of the Act were fulfilled.

Apart from this, a citation was also directed to be published in two daily newspapers in the NCT of Delhi, Pune, Mumbai and Jaipur. No Objection has been received from any third person to grant Probate of Will dated 15.01.2020 in favour of the petitioner.

Considering all these facts, Delhi HC in this particular case held that the unchallenged and rebutted testimony of the petitioner which is supported by the testimony of the two attesting witnesses proves the authenticity of the Will dated 15.01.2020. Thereby, the petitioner being the nephew and beneficiary is entitled to the Probate of Will.

READ FULL JUDGEMENT: https://bit.ly/3o0tKBK