Motor Accident Compensation | Supreme Court To Reconsider Judgment Barring Claim Under S.163A MV Act After Dismissal S.166 Claim

The Supreme Court recently (on February 13) referred its decision relating to compensation under the Motor Vehicles Act, Deepal Girishbhai Soni and Ors. vs. United India Insurance Co. Ltd., Baroda (2004) 5 SCC 385, to a larger bench for reconsideration. A three-judge bench in this case held that, where no case is made out for awarding compensation under Section 166 of...

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC

The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004 (Amendment to Section 6 of the Hindu Succession Act), between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation...

Merely Marrying Muslim Man Doesn't Result In Automatic Conversion From Hinduism To Islam: Delhi High Court In Partition Suit

While dealing with a partition suit, the Delhi High Court has observed that merely marrying a Muslim man does not result in an automatic conversion from Hinduism to Islam. Justice Jasmeet Singh was dealing with a partition suit filed in 2007 by the eldest daughter of a man from his first wife against him as well as his two sons from the second wife. Another daughter from the first wife...

Lack Of Territorial Jurisdiction No Ground To Transfer Complaint, Raise Objection Before Magistrate : Supreme Court

The Supreme Court today (January 21) dismissed a petition seeking transfer of various cheque dishonour complaints against the petitioner observing that the lack of territorial jurisdiction of court in which complaint is filed cannot be a ground to transfer the complaint to another court.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan dismissed a petition seeking transfer of 22...

Frame Cashless Treatment Scheme For Road Accident Victims During 'Golden Hour' By March 14 : Supreme Court Directs Centre

The Supreme Court today (January 8) directed the Central Government to frame a scheme for cashless treatment for victims of motor vehicle accidents during the “golden hour”, the first hour after a traumatic injury when prompt medical care has the highest likelihood of preventing death by March 14, 2025.“Once the scheme is framed and its implementation starts, it will save the lives...

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws

Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. Because the rights came to be enforceable from an earlier date, thus the doctrine saves the person from the prejudice suffered between...

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court

The Supreme Court has reiterated that in motor accident claim cases, police records can be looked into by the Tribunal/Court to determine the question of negligence.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal referred to Mangla Ram v. Oriental Insurance Co. Ltd. and Ors(2018) which held that charge sheet and other documents collected by the police during the investigation...

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court

The Supreme Court today (Jan. 2) observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to the adoption would...

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

The Supreme Court today (Dec. 19) again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956 (“HSA”). The Court referred to the Kamla Neti v. LAO (2023) judgment where it was noted that “it is high time for the Central Government to look into the matter and if required, to amend...

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old.The accident occurred in 2009 when a high-speed car, which was driven negligently, hit her when she was crossing a zebra-crossing with her mother and brother. As a result of...

S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court

The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58(c) of the Transfer of Property Act,...

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14

The Supreme Court on Monday (Dec. 9) highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956 (“HSA”) which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the...