Civil Law
S. 2(2) Hindu Succession Act Is 'Barrier' For Tribal Women To Lay Claim Over Father's Property: Rajasthan High Court Suggests Amendment
The Rajasthan High Court has opined that when daughters belonging to non-Scheduled Tribe (“ST”) communities were entitled to equal share in father's property, there was no reason to deny the same right to the daughters of the ST community. Section 2 of the Hindu Succession Act lays down the scope of application of the Act, and Section 2(2) gives states that nothing contained in the Act...
Implement Cashless Treatment Scheme For Accident Victims in True Spirit: Supreme Court To Centre
The Supreme Court recently directed the Central Government to ensure that the Cashless Treatment Scheme for Road Accident Victims Scheme, 2025, which was notified on May 5, 2025, is implemented in its true letter and spirit.The scheme has been framed under Section 162 of the Motor Vehicles Act, 1988, which mandates the government to provide cashless treatment to road accident victims during...
Rights Conferred By Hindu Succession Act Prevail Over Rights Claimed By Nominee U/S 39(7) Of Insurance Act: Allahabad High Court
The Allahabad High Court has held that Hindu Succession Act, 1956 prevails over the Insurance Act, 1938 as the rights guaranteed to the successor under the former cannot be defeated by the rights guaranteed to the nominee under the latter enactment.While dealing with the claim of the mother-nominee over the insurance money of her deceased daughter against the rights of the daughter of...
Consumer Protection Act 2019 | Fixing Pecuniary Jurisdiction Based On Value Of Consideration Is Constitutional: Supreme Court
The Supreme Court today (April 29) upheld the constitutionality of the provisions of the Consumer Protection Act, 2019, prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and services paid as consideration, instead of compensation claimed.The Court dismissed the constitutional challenge to Section 34, 47 and 58 of the 2019 Act...
When Joint Hindu Family Property Is Partitioned, Shares Of Parties Become Their Self-Acquired Properties : Supreme Court
The Supreme Court recently reaffirmed that following the partition of a joint family property, the individual shares allotted to each co-parcener become their self-acquired property."After the joint family property has been distributed in accordance with law, it ceases to be joint family properties and the shares of the respective parties become their self-acquired properties," the...
Insurer Can 'Pay & Recover' If Driver Of Vehicle Meant To Carry Hazardous Substance Didn't Have Endorsement U/R 9 CMV Rules : Supreme Court
The Supreme Court on Tuesday (April 8) ruled that an endorsement under Rule 9 of Central Motor Vehicles Rules, 1989 is mandatory in the driving license for driving a vehicle carrying any dangerous or hazardous goods. Rule 9 mandates specialized training (including defensive driving, emergency handling, and product safety) and an endorsement for drivers of vehicles carrying hazardous...
Misleading Medical Ads | Supreme Court Directs States To Appoint Officers To Enforce Drugs & Magic Remedies (Objectionable Advertisements) Act
The Supreme Court on Wednesday (March 26) passed a slew of directions to state governments for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act), which prohibits the publication of misleading advertisements regarding medical cures.The Court lamented the poor implementation of the Act, which was enacted seventy years ago."The 1954...
Consumer Can Approach Consumer Forum Even If Agreement Provides For Arbitration : Supreme Court
The Supreme Court recently reiterated that the arbitration clauses in an agreement would not override the consumer's choice to approach the consumer forum for adjudication of the dispute. The Court said that a consumer cannot be forced to get the dispute adjudicated through Arbitration just because an arbitration clause is mentioned in an agreement. It added that the consumer has the...
Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief...