MV Act | Delay In Lodging FIR Cannot Be Main Ground For Rejecting Claim For Compensation: Andhra Pradesh High Court

Dismissing an appeal filed by an insurance company against award of compensation in a road accident case, the Andhra Pradesh High Court said the delay in lodging FIR cannot be the main ground for rejecting the claim petition. The company had argued that the FIR was lodged two days after the accident, as an afterthought to claim compensation.The bench of Justice T. Mallikarjuna Rao...

KCS Act | Registrar Can’t Appoint Special Officer U/S 31(1) On Account Of Resignations If They Are Withdrawn Within 15 Days: Karnataka High Court

The Karnataka High Court has said that if resignations tendered by Directors of a cooperative society are withdrawn within 15 days, then there is no resignation which can be said to have been taken place and the Registrar of Cooperative Societies, under the Karnataka Cooperative Societies Act, in such circumstances cannot appoint a Special Officer for the society.A single judge bench of...

'Democratic Right Of Citizens To Protest & Persuade': Bombay HC Quashes FIR Against Green Activist Who Sent Messages To Metro Director To Save Aarey Forest

In a significant judgement on the use of technology to protest, the Bombay High Court has rapped the Mumbai police for booking a green activist alleging harassment over messages sent to IAS officer Ashwini Bhide in 2018 against felling of trees at Aarey Colony for the Metro III car shed.A division bench of Justices Sunil Shukre and MM Sathaye quashed the FIR registered at the Bandra-Kurla...

Gauhati High Court Directs State To Explain Why Foreigners Tribunal Ignored Woman's Plea That Show Cause Notice Wasn't Intended For Her

The Gauhati High Court recently directed the Assam Government to show cause with regard to the order of a Foreigners Tribunal which directed a woman, instead of the suspected foreigner to whom notice was originally intended, to discharge the burden that she is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:“The respondents in the...

DRT Presiding Officer Moves Supreme Court Against Adverse Observations Of P&H High Court

The Presiding Officer of DRT-II Chandigarh has moved the Supreme Court against the adverse observations made by the Punjab and Haryana High Court that is alleged to have grave consequences impacting his performance of legal duties.In the present Special Leave Petition, the Officer has claimed that the impugned order passed by the High Court (23.03.2023) has a devastating effect on his...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]

Q.6 What is meant by saying that “a person died intestate” ? Ans. It means that the person died without having executed a Will. His properties will, therefore, be subject to the personal law of succession and inheritance. Q.7 What is meant by “succession” ? Ans. Succession means the transmission of the rights and obligations of a deceased person to his heirs under the...

Bombay High Court Refuses Immediate Relief To Advocate Gunratan Sadavarte Over License Suspension, Asks Him To File Appeal Before BCI

Observing that an alternate statutory remedy was available, the Bombay High Court on Thursday refused to immediately intervene in the plea filed by controversial Advocate - Gunratan Sadavarte - against the Bar Council of Maharashtra and Goa’s order suspending his license to practice for two years.However, the bench led by Justice Gautam Patel said it was “not completely shutting its...

Manipur High Court Directs State To Decongest Traffic Near Old Secretariat, Complete Construction Of New Secretariat Building In 3 Months

The Manipur High Court on Thursday directed the state government to decongest the traffic on national highway in front of the Old Manipur Secretariat by making arrangements for proper parking of vehicles on both sides.The direction came to be passed by a bench comprising Acting Chief Justice M.V. Muralidharan and Justice A. Guneshwar Sharma while hearing a Public Interest Litigation filed...

Settlement Deed In A Partition Suit Must Include Written Consent Of All Parties; Consent Decree Among Only Some Parties Not Maintainable : Supreme Court

The Supreme Court Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala, while adjudicating an appeal filed in Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors., has held that in a suit for partition of joint property, a decree by consent amongst only some of the parties cannot be maintained. When a settlement deed has been executed in respect of a joint...

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital

A plea has been filed in the Delhi High Court seeking directions for the Union of India and Delhi government to consider enacting the Advocates Protection Act in the national capital. The petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district courts in Delhi. The petition...

Trial In Delhi Riots UAPA Case Likely To Commence Soon As 'Supply Of Documents' Stage Concluded For All Accused, Except One

The trial in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots is likely to commence soon as a Delhi Court has concluded the stage of supply of documents under section 207 of CrPC in respect of the accused persons, except Devangana Kalita. This would mean that the trial court will now proceed to the stage of framing of charges against 18 accused persons, more than...

Resolution Professional Under IBC Will Come Within Meaning Of 'Public Servant' Under Prevention Of Corruption Act: Jharkhand High Court

A recent ruling of the Jharkhand High Court has made it clear that a Resolution Professional will be considered a public servant under both sections 2(c)(v) and (viii) of the Prevention of Corruption Act, 1988 (PC Act), because his office entails the performance of functions that are in the nature of public duty. A bench comprising Justice Gautam Kumar Choudhary passed the above...