The Supreme Court commenced the new Law term by handing down a number of very interesting decisions. The cases are replete with material for practitioners, academics and law students. Also, during this week, the President of the Supreme Court – Lord Phillips of Worth Matravers – announced that he will retire at the end of September 2012 – (Solicitor’s Journal). The decisions address questions about whether, under the European Convention on Human Rights, answers to questions put to suspects can be admitted in evidence at trial when the answers were given before the person had access to legal advice. Although these cases came from Scotland, it will be interesting to see whether the decisions spill over into other parts of the UK. There was a challenge to an Act of the Scottish Parliament which had been passed to enable those with pleural plaques to claim against insurers if employers (or former employers) were shown to have been negligent. ] UKSC 43 – HM Advocate v G and HM Advocate v G. Links to the judgment and the Press Summary. A second case – HM Advocate v M – questions under caution were put at a man’s home. The questions related to an assault. He made a number of admissions but had not seen a lawyer. At trial he objected to the Crown’s reliance on those admissions. A third case – HM Advocate v G – questions under caution were put at a man’s flat but, at the time of the questions, the man had been handcuffed. He made admissions to having drugs in his pocket. He objected to the Crown relying on the statements made at his flat.
As the writ of certiorari needs to be presented in a specific form during the filing process, it’s important to be aware of the regulations involved. According to the Supreme Court of the United States Rule 33(1)(c), all briefs need to be printed on a specific kind of paper. The pages should be is 6 ⅛ by 9 ¼ inches in size and petitioners need to make sure they use 60-pound weight paper. The documents need to be covered by 65-pound weight paper and have either saddle stitch or perfect binding. Most people aren’t aware of this when they approach the Supreme Court to file litigation like a writ for certiorari. People who are aware don’t know where they can find the supplies or what kind of format they need to use before they file the writ in court. 2,000 to get the right paper for their requirements, which is prohibitively expensive for litigants. This means that ordinary people and even many lawyers who aren’t familiar with the Supreme Court process can’t easily access the Supreme Courtto file a writ for certiorari and that can compromise their case. The court rule allows two different kinds of bindings -perfect binding and saddle stitch. Both are acceptable so it’s only a matter of personal preference to choose between them. Saddle stitch is easier to bind but it makes the paper difficult to print on. Conversely, perfect binding is difficult to bind but very easy to print. A regular printer is suitable to print on pages bound by perfect binding but pages bound by saddle binding require a large format printer. Fortunately, lawyers and individuals involved in the legal process don’t needto spend too much time looking for court document supplies. If they want to file a writ for certiorari or other such documents, all they need to do is visit an online store that provides these supplies and related services.
By Kenneth A. Vercammen, Esq. By Kenneth A. Vercammen, Esq. The procedures in an Estate Administration may take from seven months to several years, and a clients patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. 4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death. Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills. Medical expenses can be deducted in the inheritance tax. Probate. The executor must “probate” the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court’s decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will. An employer identification number (“EIN”) must be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate.
The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate’s behalf. Pay the Debts. The claims of the estate’s creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys’, accountants’ and appraisers’ fees, must also be paid. Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the “fair market” value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited. Distribute the Assets. After all debts and expenses have been paid, the executor will distribute the assets. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate. Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executor’s job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes.
Several legal reforms have taken place since independence in India, including on equal share of daughters to property. Yet equal status remains illusive .Establishment of laws and bringing practices in conformity thereto is necessarily a long drawn out process. The government, the legislature, the judiciary, the media and civil society has to perform their roles, each in their own areas of competence and in a concerted manner for the process to be speedy and effective. An effective social reform movement does need the help of law and a sympathetic judiciary to achieve its objectives. Women empowerment, equal rights to both men and women, equal share of property, etc., are some of the issues which we discuss everyday, in life, newspaper and on television. But the reality which bites is that these issues are still “unresolved”. Not much has actually been done to create equality between the male and female gender. The male still dominates society.
If it’s a matter of property, then legally male dominate the society. There are numerous laws that say that there should be no discrimination between the sexes, but in reality none are effective enough to actually bring about a revolution; a change in society. According to the Indian Succession Act, 1925, everyone is entitled to equal inheritance, except Hindus, Sikhs, Jains, Buddhists and Muslims. Under this act, the daughter of a person dying intestate would be entitled only to one-fourth of the son’s share, or Rs. 5,000/- (Sthree Dhan), whichever is lesser. The Court ruled that the Cochin and Travancore Christian Succession Acts had ceased to be operative on the Reorganization of States and that automatically made the Indian Succession Act applicable to all Kerala Christians bestowing on them equal inheritance rights. The Hindu Enactment Act, 1956, established that women have equal inheritance rights, as men; and it abolished life estate of female heirs. However, this law could not do the needful as there was another law, the Mitakshara coparcenaries (Hindu Law) that overruled the previous law. According to Mitakshara coparcenaries, in a joint family, a daughter gets a much smaller share of property compared to the son.
In 1975 a committee on the status of women was constituted by the Government of India, to evaluate the current legal provisions in regards to women , so that that a women is not left completely destitute. Some important recommendations which were made by this committee were that legislative measures should be taken to bring Christian women of Kerala under the Indian Succession Act. The discrimination between married and unmarried daughters regarding right of inheritance of dwelling houses caused under Section 23 of the Hindu Succession Act should be removed. The right of testation should be limited under the Hindu Succession Act, such that female heirs are not deprived of their inheritance rights. There is need for legislation in Muslim Law to give equal share of property to the widow and daughter along with sons as done in Turkey. The National Commission for Women had also recommended certain amendments in laws related to women and property.
Under Indian Succession Act, 1925 it suggested that Sections 15 and 16 of the Act, should be amended, removing mandatory linkage of wife’s domicile with that of the husband. Further, it recommended that appointment of testamentary guardian may be the right of both the parents acting concurrently. 2).In Hindu Succession Act, 1956 It suggested that equal distribution should be made of not only separate or self acquired properties of the diseased male, but also of undivided interests in co-parcenary property. The right of any heir to claim partition of a dwelling house to arise only after settlement of widowed mother’s rights is disposed with in case the deceased male is intestate. ] Amendment Act, 1985, which initiated a remarkable development. This law stated that, in any circumstances, the rights of the daughter are equal to that of the son. This new law found the Mitakshara system in violation of the fundamental right of equality bestowed upon women in Indian Constitution. Following Andhra Pradesh, the States of Tamil Nadu, Maharashtra and Kerala subsequently also amended their laws by including women as members of the coparcenaries. According to this law, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family. This law has completely abolished the Hindu Succession Act 1956 by giving equal rights to daughters in the ‘Hindu Mitakshara Coparcenary property’, as sons have. If however, any of the parents have built some property and have made a will of their own, this law would be ineffective. To actually achieve equal inheritance for all, the laws have been amended. Therefore a social reform movement is necessary for such awareness and change of mindset.
New Delhi – India’s top court has refused to allow the entry of foreign law firms wanting to practise law in Indian courts. Foreign lawyers can only advise their clients in India on matters pertaining to foreign laws on a temporary “fly in, fly out basis”. Justice Adarsh Kumar Goel was quoted as saying by Indian news media on Tuesday. The court has directed the Bar Council of India and the Indian government to frame rules for foreign lawyers advising Indian clients. Joseph Pookkatt, partner at APJ-SLG Law firm in New Delhi, said the ruling “essentially means that foreign lawyers cannot set up shop in India”. The Bar Council of India (BCI) has been averse to the idea of opening up the legal field to foreign players. The BCI has said it does not want to give foreign arbitrators a free run in the country. CU Singh, a senior lawyer appearing for the BCI, had argued. In a special India report, global law firm White & Case had warned that foreign business companies should structure contracts in a way that disputes are resolved through offshore mediation, possibly through non-Indian courts. Navigating India: Lessons for foreign investors. The firm had also referred to judicial delays while resolving business disputes in Indian courts. Some take as long as a decade. There are more than 30 million pending cases in Indian courts, according to recent government data. Pinaki Mishra, a senior Indian Supreme Court lawyer and Member of Parliament, told Al Jazeera. The Indian government had earlier asked the Bar Council of India to frame rules for foreign lawyers in India. Maninder Singh, India’s additional solicitor general, appearing for the government, had argued in the court earlier. Dushyant Dave, a senior Indian Supreme Court lawyer, representing the London Court of International Arbitration, had argued for rejecting the plea that foreign lawyers cannot practise in India. Dave told Al Jazeera.
How Board of Control for Cricket in India (BCCI) is responsible for the current farmer’s plight in Maharashtra? No one knows it. Then why it became mandatory to move 13 India Premier League (IPL) games out of the state? Well, it is the sensitivity of the issue which left no option to the IPL. Years long water crisis in the state made the IPL to take onus and do its bit for the communal cause. While relocation of the IPL games is acceptable for many but for the BCCI and its stakeholders it is not less than a nightmare. In fact, this order that has been passed by the Supreme High Court is going to bring serious economic losses to the franchises. On ethical grounds, it is quite unfair to give two weeks ultimatum to the IPL stakeholders for the relocation, especially when the court has allowed IPL 2016 to go as scheduled in Mumbai.
BCCI being the world’s most powerful board has to provide its franchises the comfortable solutions who have invested in the IPL. As per the BCCI, water utility in the IPL will hardly make a difference to the extensive drought scenario in the Maharashtra. Since, it is not about making the difference but showing concern and making some efforts to stand up for the cause. Here, BCCI has definitely gone wrong in dealing with the situation. It could have projected itself as the responsible national entity by contributing significant sum for dealing with existing water crisis or water harvesting. In short, this was the golden opportunity for BCCI to improve its thrashed image when Supreme Court has passed allegations on BBCI for being socially irresponsible. How this incident is now going to affect the BCCI in future? Will people continue to blame BCCI for state’s water crisis or it would be just another sensational story that magically disappears from the news? It’s difficult to answer these questions right now but one lesson that BCCI should learn from this experience is to be independent of external sources. Had it been self suffice in water, it would have never been questioned by its critic.
Updated on October 5, 2017 Eric Standridge moreEric Standridge is a historian and author that focuses on Oklahoma’s history, with an emphasis on LeFlore County and Poteau, Oklahoma. Contact Author He was only one man, but this one man wielded his power like a razor sharp sword. It had been ten years since the end of the American Civil War. Ten years for lawlessness to spread across Indian Territory like an inferno. The territory had been set aside in 1834 as a refuge for Native Americans, a place where they could rebuild their homes and societies. These Native Americans established their own law; the laws of the United States ceased to exist once those borders were crossed. Indian Territory was saturated with pioneers migrating from the east in search of a better life. Along with these pioneers, horse thieves, whiskey peddlers, and vagrant outlaws roamed freely across the future state of Oklahoma. After the Civil War ended in 1865, the number of outlaws flourished, devastating the relative peace that the Five Civilized Tribes had created.
The only law in Indian Territory at this time for non-Indians was what was administered from Ft. Smith, Arkansas. The Indian Territory was so vast, and the political corruption in Ft. Smith so rampant that it seemed the outlaws had free reign. All of that changed in 1875. The age of the wild west outlaw was ending in Indian Territory. A new law had arrived, and it arrived with one man. Judge Isaac Parker, better known as the “Hanging Judge,” was nominated as judge for the Western District of Arkansas by none other than President Grant. It was March 18, 1875, and even though Judge Parker was a formidable man, he still had a lot to prove. Born in a log cabin outside of Barnesville, Ohio on October 15, 1838, Judge Isaac Parker would come to value the ethics brought about by a strong family and hard work. As most children in Ohio did in those early days, Isaac Parker helped on the farm, but was never one for working outside.
He was admitted to the Ohio bar in 1859 when he was only 21 years old. After passing the bar exam, Parker traveled to St. Joseph, Missouri and went to work for his uncle, D.E. Shannon. D.E. Shannon was a partner in the Shannon and Branch legal firm, and inspired Parker to achieve more with his life. By 1861, Judge Isaac Parker was working in both the municipal and county criminal courts. In April, he won the election as City Attorney. He served at this post for the next two years. During this time, he met and married Mary O’Toole and the couple had two sons soon after, Charles and James. In 1864, Judge Isaac Parker ran for county prosecutor of the Ninth Missouri Judicial District. In the fall of that same year, he served as a member of the Electoral College, casting his vote for Abraham Lincoln. In 1868, Parker sought six-year term as judge of the Twelfth Missouri Circuit.