Civil Law
Motor Vehicles Act : MACT Bar Association Challenges Removal Of No-Fault Liability, Introduction Of Limitation Period Etc; Bombay HC Seeks Centre's Response
A public interest litigation filed before the Bombay High Court has challenged recent amendment in the Motor Vehicles Act, 1988 (1988 Act) which removes the provisions of 'No fault liability', introduces limitation on making claims, and limits third party liability for insurance companies. A division bench led by Chief Justice Dipankar Datta on Thursday granted time to the...
Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court
The Supreme Court has held that motor accident compensation need not be reduced for the sole reason that that the business ventures and properties of the deceased were bequeathed to the claimants.In this case, the Deceased was a businessman in diverse areas and also drew income from his agricultural lands and leased out real estate. At the time of his demise, he left behind a widow, two...
Delivering Used & Defective Car Against Booking For New Car Is Unfair Trade Practice, Dishonest & Unethical : Supreme Court
The Supreme Court has held that delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale consideration is an "unfair trade practice". The Court added that such a practice amounts to "dishonesty on the part of the dealer" and "against morality and ethics".Holding so, the Court affirmed the direction passed by a District Consumer Forum...
Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC
Setting aside an NCDRC order by which a revision petition filed after 67 days' delay was dismissed, the Supreme Court has observed that "the question of limitation is not to be examined with a view to decline the condonation, but to do substantial justice".Remarking that "delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act", the...
Can Insurer Impleaded As Respondent In Claim Petition Challenge Quantum Of Compensation Without Leave Under Section 170 MV Act? Supreme Court To Consider
The Supreme Court has issued notice on a plea urging that an Insurance Company, if impleaded as a party respondent under the Motor Vehicles Act, can question the quantum of compensation as a person against whom a claim is made. The bench of Justices S. K. Kaul and M. M. Sundresh was hearing the SLP against a March decision of the Bombay High Court at Goa dismissing the appeal filed by...
Insurer Should Indemnify If Insured Suffers Sudden Sickness Or Ailment Which Is Not Expressly Excluded Under The Policy: Supreme Court
The Supreme Court has observed that if the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to indemnify the insured for the expenses incurred thereunder.The bench of Justices DY Chandrachud and BV Nagarathna in the present matter was considering a civil appeal against the order dated 22nd May, 2015, passed by...
Consumer Case Not Maintainable Over Medical Services Given Free Of Charge Just Because Doctor Draws Salary From Hospital : Supreme Court
"The salary that is paid by the hospital administration to the employee medical officer cannot be regarded as payment made on behalf of the person availing of the service or for his benefit so as to make the person availing the service a "consumer" under Section 2(1)(d) in respect of the service rendered to him.”
NCDRC Can Direct Deposit Of Entire Or More Than 50% Of Amount Determined By SCDRC For Stay : Supreme Court
In a significant judgment on the Consumer Protection Act 2019, the Supreme Court on Tuesday held that the National Consumer Disputes Redressal Commission(NCDRC) can direct the deposit of the entire amount or more than 50% of the amount determined by the State Consumer Disputes Redressal Commission for conditional stay.The Court added that however to pass such an order, the NCDRC has to pass...
No Limitation Period In Case Of A Usufructuary Mortgage : Supreme Court
The Supreme Court has observed that there is no limitation period in case of a usufructuary mortgage.A bench comprising Justices Hemant Gupta and V Ramasubramanian was dealing with an appeal filed by a mortgagee, who claimed ownership of the mortgaged property on the ground that 45 years had elapsed after the mortgage.The Supreme Court noted that the Full Bench of Punjab and Haryana High...
Whether A Deed Is Of Absolute Transfer Or Mortgage By Conditional Sale? Intention Of Parties Determines : Supreme Court
The Supreme Court has observed that the intention of parties has to be looked into to consider whether a document is of absolute sale or mortgage by conditional sale.Section 58 of the Transfer of Property Act defines the Mortgage by conditional sale as follows: "Where the mortgagor ostensibly sells the mortgaged property on condition that on default of payment of the mortgage-money on a...
Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
The judgment on arbitration law decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc.