MV Act | Insurance Company Can Seek Recovery From Vehicle's Owner Only After Paying Compensation Awarded By Tribunal: AP High Court

The Andhra Pradesh High Court, in a recent case, applied the principle of pay and recover and held that an insurance company is entitled to file an execution petition against the owner of an offending vehicle only after paying the compensation awarded by the Motor Vehicle Claims Tribunal to the claimant.Justice VRK Krupa Sagar in his order held,“On the issue of liability to pay the...

Karnataka High Court Orders Probe & Action Against Trial Judge Who Cited Non-Existing SC Judgments

The Karnataka High Court has directed to conduct a probe and take appropriate action against a trial court judge who relied on non-existing judgments on the records of the respective courts to pass an order rejecting the application filed for the return of plaint.Justice R Devdas said, “What is more disturbing is the fact that the learned judge of City Civil Court has cited two decisions...

NDPS Act | Search Of Private Vehicle Even In Public Places Requires Secret Information To Be Written Down Within 72 Hrs: P&H High Court

The Punjab & Haryana High Court has upheld the acquittal in a drugs case, observing that the secret information received by the police officials was admittedly not reduced into writing, which is a requirement of Section 41(2) of the NDPS Act as well as Section 42 of the NDPS Act.Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi said, "where secret information is received in terms...

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park

The Jammu and Kashmir and Ladakh High Court has reaffirmed that the publication of a notification under Section 4 of the J&K Land Acquisition Act must strictly adhere to all three prescribed modes ie public notice, Government Gazette, and two widely circulated newspapers, including one in the regional language.Justice Sanjay Dhar thus quashed the acquisition of 134 kanals in District...

[Motor Accident Claims] Dependency Does Not Always Mean Financial Dependency: Kerala HC Upholds Compensation For Father & Siblings Of Deceased

The Kerala High Court observed that the father and the younger siblings of the deceased are also entitled to compensation under the head of loss of dependency over the death of the deceased, who was only 26 years old at time of the motor vehicle accident.While upholding the finding of the Tribunal in awarding compensation to the father and siblings of the deceased, Justice Jobin...

Court Can Order Reinstatement Of Acquitted Employee If Charges, Evidence In Disciplinary Proceedings Same As Criminal Case: AP High Court

The Andhra Pradesh High Court has held that mere acquittal by a criminal court will not grant a right to the employee to claim reinstatement however if the charges in the departmental enquiry and the criminal court are similar and if evidence, witnesses and circumstances are the same, then the matter acquires a different dimension. A division bench of Justice R. Raghunandan Rao and Justice...

Issue Concerning Congress Leader Rahul Gandhi's Citizenship Under Consideration: Central Govt Informs Delhi High Court

The Union Government on Wednesday (March 26) told the Delhi High Court that the matter concerning the issue of Congress leader Rahul Gandhi is pending consideration with the Ministry of Home Affairs.“The matter is under consideration of the ministry,” ASG Chetan Sharma told a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela while hearing a...

Eligibility Should Be Checked At Threshold, Not After Selection: Rajasthan HC Orders Appointment Of Asha Worker Denied Post Despite Selection

The Rajasthan High Court has direct the State authorities to appoint a woman to the post of Asha Sahyogini at Anganwadi Centre Mandela who was although selected but was denied the post by issuing fresh advertisement that too without cancelling the earlier selection process. Before the high court the respondents claimed that the petitioner is not eligible on the eligibility on the ground of...

Dr Payal Tadvi's Mother Moves Bombay HC Challenging State's Decision To Remove Pradip Gharat As SPP, Says He Was Prosecuting Effectively

The mother of the late Dr Payal Tadvi has approached the Bombay High Court, challenging the removal of Pradip Gharat as a Special Public Prosecutor (SPP) in the case against doctors accused of abbetting Dr Payal's suicide.Abeda Tadvi, informant and mother of Dr Payal Tadvi, has filed a petition challenging the removal of SPP Gharat from the case through a March 7 Government Notification....

Landlord Has Exclusive Right To Choose Property For Bona Fide Requirement, Tenant Can't Dictate Alternative Arrangements: Jharkhand High Court

The Jharkhand High Court has held that in eviction matters based on bona fide necessity, the landlord is the best judge to decide which of their properties is required to meet their needs, and the tenant cannot dictate alternative arrangements.Justice Sanjay Kumar Dwivedi, while rejecting the tenant's plea that alternative premises were available, stated, “The law with regard to the eviction...

Delay Of Over 3 Months In Considering Detenue's Representation Breaches Statutory Requirements, Renders Detention Invalid: J&K High Court

The Jammu and Kashmir High Court ruled that a delay of more than three months in considering a detenue's representation breaches statutory requirements under Section 13 of the J&K Public Safety Act which renders detention invalid.The court said that it was admitted by the detaining authorities that the representation filed by the detainee was rejected after 3 months time which infringed...

Acceptance Of Goods Delivered Under Tax Invoice Amounts To Accepting Terms Governing It, Including Arbitration Clause: Delhi High Court

The Delhi High Court Bench of Justice Manoj Kumar Ohri has held that the arbitration clause contained in the tax invoice itself is clear to the extent that acceptance of subject goods delivered under the invoice would amount to accepting the terms governing it, including the arbitration clause contained therein. Brief Facts of the case: The respondent along with his son, entered into...