Latest news with #TheHighCourt
Glasgow Times
21-05-2025
- Glasgow Times
Man told Glasgow neighbour he was a gangster
David Stewart left the woman terrified following the incident at flats in Springburn, Glasgow last September. The 36 year-old was on bail at the time having been caught with a stun gun at his home just months earlier. Stewart is now behind bars after he pleaded guilty last week to two charges under the Firearms Act. It emerged he already had a lengthy record of violence, disorder and possessing weapons. He will be sentenced next month. READ NEXT: 'Weedy smell': Cannabis farm discovered in Glasgow as police lockdown unit READ NEXT: 'Heroin dealer' jailed after drugs found at his property The High Court in Glasgow heard how the woman had returned to the block where she spotted Stewart. Prosecutor Christopher Miller said he had a firearm which she feared was "real". Mr Miller said: "Stewart stated he was a gangster and that he had weapons to kill people." The neighbour later went to a local police station as she was "extremely scared" by what happened. Stewart's flat was searched and the firearm was found to be a spring-operated BB gun capable of firing pellets. Stewart had flouted a court order by committing the crime. A stun gun had been found in his home in June 2024 after police were called to a report of a disturbance. Stewart had appeared in the dock in connection with that discovery before eventually a sheriff allowed bail. Lady Poole continued his remand in custody today/yesterday as the case was adjourned until June 11 in Edinburgh. She told Stewart: "Given your record, I will be considering an extended sentence (a jail-term then supervision) as one of the potential options open to me."
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Business Standard
13-05-2025
- Business
- Business Standard
In nominee vs legal heir who gets the precedence? Court says inheritance
Where there is a Will there's a way. But what if there is no Will? The Allahabad High Court has, in one such a case, upheld the supremacy of succession laws over the Insurance Act. While hearing a petition filed by a woman from Unnao, the court held that a nominee cannot be considered the absolute beneficiary of the insurance money, emphasising that the nominee merely acts as a trustee for the legal heirs. Case background Kusum, the petitioner, had purchased 15 life insurance policies in the name of her daughter, Ranjeeta, before she got married. Later, Ranjeeta got married to Anand Kumar, before her sudden demise in 2021. She left behind an 11 months old child. On Ranjeeta's death, her mother Kusum – who had declared herself as nominee at the time of purchasing policies -- sought to claim the entire insurance amount. However, Ranjeeta's husband contested the claim, and the matter reached the Civil Court. It escalated to the Allahabad High Court. Court's findings and ruling The High Court ruled that while the petitioner was the nominee on the insurance policies, she did not have ownership of the policy amounts. The court upheld that a nominee's role is to act as a trustee for the rightful legal heirs, and the insurance money must be treated as part of the deceased's estate. The court directed that the life insurance amounts be excluded from the assets list, with further instructions for the amounts to be placed in Fixed Deposit Receipts under the minor granddaughter's name until she turns 18. Expert opinions on the ruling Alay Razvi, managing partner at Accord Juris, said, 'A nominee under a life insurance policy is not the ultimate beneficiary but merely a trustee for the legal heirs. Nominations alone cannot override succession laws, and families with multiple legal heirs or complex dynamics must take further steps to ensure the policy proceeds reach the intended beneficiaries.' Tushar Kumar, advocate at the Supreme Court, said, 'This ruling underscores that mere nomination is not enough. A well-structured estate plan, including a valid Will or trust, is essential to avoid legal disputes and ensure that the insurance payout reaches the rightful heirs.' Why is a Will important? Raadhika Chawla, advocate at the Delhi High Court, pointed out that the ruling makes it essential for individuals to revisit their estate planning. 'Section 39 of the Insurance Act does not override succession laws… Policyholders should revise their estate planning by making a clear Will alongside the nomination to ensure that the intended beneficiaries receive the insurance payout without legal disputes.' On practical steps for families with complex dynamics, she said, 'Individuals should create a clear, registered Will aligning with the insurance nomination. The nominee should ideally be the same person named in the Will to avoid disputes.'
Yahoo
14-03-2025
- Politics
- Yahoo
Asylum seekers housed 'unlawfully' at air base
The High Court judge has found the home secretary acted unlawfully in accommodating three asylum seekers at a former RAF base. The men - who were at MDP Wethersfield in Essex between July 2023 and February 2024 - argued they were living in "prison-like" conditions. Mr Justice Mould was told the asylum centre was "seriously inadequate", with residents queuing for food and experiencing outbreaks of scabies. Lawyers for the individuals said they were vulnerable due to their background and had suffered a serious decline in their mental health while at Wethersfield. Migrants began to be housed at Wethersfield near Braintree in July 2023. There were initial plans to accommodate 1,700 people, but capacity was later capped at 580. This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest version. You can receive Breaking News on a smartphone or tablet via the BBC News App. You can also follow @BBCBreaking on X to get the latest alerts.
The Independent
28-02-2025
- Politics
- The Independent
GB News wins High Court challenge over Jacob Rees-Mogg shows
The High Court has quashed Ofcom 's decisions that GB News twice broke impartiality rules during shows hosted by Sir Jacob Rees-Mogg when he was an MP. Sir Jacob read out a breaking news bulletin about Donald Trump's civil sexual assault trial during his Jacob Rees-Mogg 's State Of The Nation show in May 2023. The former Tory frontbencher also spoke to a GB News journalist reporting live from Nottingham on June 13 2023 in another edition of his programme, asking about the fatal stabbings carried out by Valdo Calocane in Nottingham. The segments were 53 seconds and three-and-a-half minutes-long respectively, and after an investigation concluded in March last year, Ofcom stated they had breached two of the rules in the broadcasting code. These rules state that news must be reported with due accuracy and 'presented with due impartiality', while the second says: 'No politician may be used as a newsreader, interviewer or reporter in any news programmes unless, exceptionally, it is editorially justified.' Sir Jacob, who lost the constituency of North East Somerset to Labour by more than 5,000 votes in the last general election, had been business secretary, Brexit minister and leader of the House of Commons under the Conservative government. GB News brought a legal challenge over the findings, telling the court in London at a hearing in January that the regulator had misinterpreted the code and Sir Jacob's TV show was a current affairs programme. Ofcom defended the challenge, with its lawyers telling the court that a newsreader is defined as someone who 'reads content that is news', and the code must apply to 'news in any form'. In a judgment on Friday, Mrs Justice Collins Rice said the regulator's decisions were 'vitiated by error of law' and that Ofcom 'conflated a news programme and a current affairs programme'. She continued: 'A programme cannot be a news programme and a current affairs programme at the same time. 'The statutory scheme deals with them differently. 'Blending the two as a response to such perceived blending by broadcasters is not a solution within the current scope of the statutory scheme.' In her 29-page ruling, the judge quashed the two decisions and sent them back to the regulator to be reconsidered. She added: 'It remains open to Ofcom, in law, to pursue investigations into either or both broadcasts as a potential breach.' Following the ruling, an Ofcom spokesperson said: 'We accept the court's guidance on this important aspect of due impartiality in broadcast news and the clarity set out in its judgment. 'We will now review and consult on proposed changes to the broadcasting code to restrict politicians from presenting news in any type of programme to ensure this is clear for all broadcasters.'
Sharjah 24
17-02-2025
- Politics
- Sharjah 24
Australia plans to deport 3 violent criminals to Nauru
Australian capital, Canberra, said it had paid an undisclosed sum to Nauru in return for it issuing 30-year visas to the trio, who lost their Australian visas due to criminal activity. Freer life "When somebody has come and treated Australia in a way that has shown appalling character their visas do get cancelled, and when their visas are cancelled they should leave," stated Home Affairs Minister Tony Burke. "All three, though, are violent offenders. One is a murderer," he said. Once in Nauru, they would live in individual dwellings with a shared kitchen space and be allowed to work and move freely, Burke added. Authorities have not disclosed the identities, gender or nationalities of the trio, or said whether they had served sentences for their crimes. Nauru Nauru is one of the world's smallest countries with a mainland measuring just 20 square kilometers and a population of 13,000. Phosphate mining once made Nauru one of the world's richest countries per capita, but that boon has long dried up, leaving much of the mainland a barren moonscape and its people facing high unemployment and health issues. Australia's government has been searching for a way to deal with migrants who have no other country to go to when their visas are cancelled. Ensuring humane solution The High Court ruled in 2023 that indefinite detention was "unlawful" if deportation was not an option, leading to the release of 220 people in that situation, including the three now destined for Nauru. Refugee Council of Australia head Paul Power said the government had a duty to ensure any solution was humane and ensured people's rights and dignity. "History has shown us the deep mental and physical damage indefinite detention on Nauru has caused," he said. Under a hardline policy introduced in 2012, Australia sent thousands of migrants attempting to reach the country by boat to "offshore processing" centres. They were held in two detention centres, one on Nauru and another, since shuttered, on Papua New Guinea's Manus Island. The scheme was gradually scaled back following 14 detainee deaths, multiple suicide attempts, and at least six referrals to the International Criminal Court. According to latest Australian government figures, Nauru still held 87 people as of August 31, 2024.
