Case BriefsTribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal (AFT): The Bench of S.V.S. Rathore, J. and Lt. General N.B. Singh (Member) dismissed an application challenging the denial of family pension, holding that the same was without any substance.

Applicant herein claimed to be the eldest son of a deceased soldier Mohd. Rafique and applied for a family pension as he was totally blind. His claim for pension was denied by respondent on the ground that his name did not figure in the service book of Mohd. Rafique. Aggrieved thereby, the instant application was filed under Section 14 of the Armed Forces Tribunal Act, 2007.

Learned counsel for the applicant placed reliance on relation certificate issued by the SDM, Sultanpur, wherein apart from five other sons and daughters of Mohd. Rafique, the name of the applicant was also mentioned. Learned counsel for the respondents raised an objection to this certificate stating that the certificate clearly mentioned that it had been issued only for administrative purposes and that it could not be used in any court of law.

The Tribunal held that a plain reading of Regulations 216 and 219 of the Pension Regulations for the Army, 1961 (Part-1) made it clear that name in the service record as son of the applicant was a condition precedent to grant the relief claimed. Admittedly, the name of the applicant was not mentioned as nominee in the service record of the deceased soldier. This gave rise to an inference that the father of the applicant deliberately avoided mentioning the name of the applicant in the service record to debar him from such pension. Thus, the application was dismissed holding that there was no infirmity in the impugned order.[Akhtar v. Union of India, 2019 SCC OnLine AFT 3, Order dated 13-02-2019]

Appointments & TransfersNews

As reported by media, Justice Brett Kavanaugh was announced as the second Supreme Court of the United States judge by Donald Trump.

Trump had shortlisted down four nominees consisting of Brett Kavanaugh, Amy Coney Barrett, Thomas Hardiman, and Raymond Kethledge JJ., amongst whom Justice Brett Kavanaugh was Donal Trump’s final nomination.

Justice Brett Kavanaugh is to succeed Justice Anthony Kennedy on his retirement on July 31st, 2018.

[Source: CNN]

Case BriefsHigh Courts

Delhi High Court: While relying upon the Supreme Court decision in Sarbati Devi v. Usha Devi, (1984) 1 SCC 424, the Single Bench of Valmiki J. Mehta, J. has held that since nomination is not a will in law, it does not make the nominee as the owner of the property.

In the instant case, the daughter and husband of late Smt. Kamla Devi were granted the succession certificate on account of they being the legal heirs of Smt. Kamla Devi under the Hindu Succession Act, 1956. Appellant applied for revocation of the succession certificate on the ground that Smt. Kamla Devi did not reside with her husband and daughter for around 35 years and that there was nomination in favour of the appellant in the government records.

The Court agreed with the conclusion of the trial court that nomination is not a will and in the absence of any will of Smt. Kamla Devi in favour of the appellant, only those persons who are legal heirs under the Hindu Succession Act can inherit the properties. The appeal was accordingly dismissed. [Rampali v. State Govt. of NCT of Delhi, 2017 SCC OnLine Del 7999, decided on April 24, 2017]