Motor Accident Claims : 2018 Annual Round Up

This is a compilation of major judgments of 2018 in the field of motor accident claims compensation.Owner as per RTO records liable for accident, if transfer is not recordedIn  Naveen Kumar vs Vijay Kumar and others, the SC reiterated the legal position that it is the registered owner of the vehicle as per RTO records who is liable for accident caused by the vehicle. Therefore, even if...

Insolvency & Bankruptcy Code - 2018 Annual Round Up

The year 2018 also witnessed major changes in the field of Insolvency and Bankruptcy Code(IBC).While the year 2017 witnessed SC explaining the basic concepts of the nascent legislation, the year 2018 saw SC addressing more complex issues in relation to it.The significant decisions of 2017 were Innoventive Industries v ICICI Ltd and Mobilox Innovations Pvt Ltd v Kirusa Software...

HCs Cannot Adjudicate Upon Affidavits Or Disputed Questions Of Fact Under Article 226: SC [Read Judgment]

The Supreme Court, on Wednesday, reiterated that high courts cannot adjudicate upon affidavits or disputed questions of fact while hearing petitions under Article 226 of the Constitution of India, except in the “rarest of cases”.A bench comprising Justice R. Banumathi and Justice Indira Banerjee asserted, “ It is well settled that proceedings under Article 226 of the Constitution...

Order Of Acquittal Cannot Be Interfered With On Ground That Different View Is Possible: SC Reiterates [Read Judgment]

The Supreme Court on Tuesday asserted that an order of acquittal cannot be interfered with on the ground that a different view was possible on the basis of evidence available on record.A bench comprising Justice L. Nageswara Rao and Justice R. Subhash Reddy asserted, “Interference with an order of acquittal is not permissible on the ground that a different view is possible. If the acquittal...

No Regularization When Appointments Were Illegal And Void Ab Initio, Reiterates SC [Read Judgment]

The Supreme Court has reiterated that when the appointments were illegal and void ab initio, the question of regularization of their services by invoking the judgment in Umadevi case does not arise.The bench comprising Justice Madan B. Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta allowed appeal filed by the State of Bihar against the Patna High Court order directing reinstatement...

Execution Of A Will Can Be Held To Be Proved When It Is Found To Be Ordinarily Free from Suspicious Circumstances, Reiterates SC [Read Judgment]

The Supreme Court has reiterated the settled law that execution of a Will must be held to have been proved not only when the statutory requirements for proving the Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances.The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar was considering an appeal (Jarnail Singh vs....

SC Explains Test To Be Applied When There Is Omission To Implead Defendant’s Legal Representative

 “The test often adopted in such cases is whether in the event of the appeal being allowed as against the remaining respondents there would or would not be two contradictory decrees in the same suit with respect to the same subject matter.’The Supreme Court has explained the test that has to be applied to decide whether appeals in civil cases are abated in toto or not when there is...

Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge: SC [Read Judgment]

 ‘A conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby.’The Supreme Court has held that a conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure...

Conditional Gifts Are Incomplete Until Conditions Are Complied With; Such Gift Deeds Can Be Cancelled By The Donor: SC [Read Judgment]

‘A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.’The Supreme Court has held that a conditional gift only becomes complete on compliance...

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]

‘A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff.’The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the plaintiff.The Jharkhand State Housing Board had approached...

SC Explains When Doctrine Of Res Judicata As Between Co-Defendants Can Be Applied [Read Judgment]

The Supreme Court has reiterated that the following four conditions are required to be satisfied while considering the applicability of the doctrine of res judicata as between co-defendants: There must be a conflict of interest between the defendants concerned; It must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims; The question between the...

Tenant Can’t Be Evicted On The Ground Of ‘Change Of User’ If There Is No Negative Covenant In The Lease Agreement Restricting User Of Premises For Any Other Purpose: SC [Read Judgment]

The Supreme Court has held that in the absence of any negative covenant in the lease agreement restricting the tenant to run business only relating to the purpose for which the premises were let out, the use of the lease premises for other purposes does not amount to ‘user for the purpose other than for which the premises was leased’.In this case, Ravi Chand Mangla vs. Dimpal Solania, one...