[Pay & Recover] Insurance Company Not Absolved From Compensating Third Party If Driver Used Fake License At The Time Of Motor Accident: Gauhati HC

The Gauhati High Court has reiterated that mere possession of fake license by the driver at the time of accident does not absolve the liability of the insurance company to pay compensation to the third party.Justice Arun Dev Choudhury relied on Ram Chandra Singh v. Rajaram and Ors. 2018 8 SCC 799 and Shamanna v. The Oriental Insurance Company Limited and Ors. 2018 9 SCC 650 in which...

Supreme Court Annual Digest 2022- Words And Phrases

Appeal Words and Phrases - Appeal - An appeal is judicial examination of a decision of a subordinate court by a higher court to rectify any possible error(s) in the order under appeal. The law provides the remedy of an appeal in recognition of the fact that those manning the judicial tiers too may commit errors. (Para 28) BSES Rajdhani Power Ltd. v. Delhi Electricity...

Karnataka High Court Weekly Round-Up: January 23 To January 29, 2023

Nominal Index Kuldeep And State of Karnataka & Others. 2023 LiveLaw (Kar) 21 Union of India & others And State of Karnataka & others. 2023 LiveLaw (Kar) 22 XXX And ABC. 2023 LiveLaw (Kar) 23 XYZ And ABC. 2023 LiveLaw (Kar) 24 K V Srinivas Rao & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 25 Rajeev Chandrasekhar And State of...

Bombay High Court Upholds Grant Of Maintenance To Woman Who Had Accepted Alimony Under 'Customary Divorce'

Observing that a person's approaching the civil court for divorce itself shows that customary divorce does not exist in his caste, the Bombay High Court recently upheld an order granting maintenance to a woman under the Protection of Women from Domestic Violence Act, 2005 (DV Act).Justice S. G. Mehare, in the husband’s challenge to the award, held that:“For claiming any customary right,...

Madras High Court Weekly Round-Up: January 23 to January 29, 2023

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 25 To 2023 LiveLaw (Mad) 33 NOMINAL INDEX Mr. AD Padmasingh Issac and others v. Karaikudi Achi Mess and another, 2023 LiveLaw (Mad) 25 The Designated Officer v. Jayavilas Tobacco Traders LLP, 2023 LiveLaw (Mad) 26 M/s. Paul Raj Engineering v....

Unless Caste-Based Insult Intended, Mention Of Victim's Caste Not An Offence Under SC/ST Act: Karnataka High Court

The Karnataka High Court has held that mere hurling of abuses without any intention to insult or make casteist remarks will not become an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by one Shailesh Kumar V and quashed charges levelled against him under Section...

Kerala High Court Weekly Round-Up: January 23 To 29 January, 2023

Nominal Index [Citation: 2023 LiveLaw(Ker) 39-47]Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 39Firozalavi T.V. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 40Kerala State United Nurses Association v. State of Kerala 2023 LiveLaw (Ker) 41Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep 2023 LiveLaw(Ker)...

Explanation 2 To S. 37(1) of Income Tax Act, Which Bars Deduction of CSR Expenses, Is Prospective In Nature: Delhi High Court

The Delhi High Court has reiterated that Explanation 2 to Section 37(1) of Income Tax Act, 1961, inserted by the Finance Act, 2014, which bars deduction of CSR expenses while computing income from business or profession, is prospective in nature. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju remarked that deductibility of CSR expenses under Section 37(1), prior to...

Judges Of High Court Hold Constitutional Post, Information About Their Salary and Allowances Cannot Be Disclosed Under Section 4(1)(b)(x) Of RTI Act: Gujarat High Court

The Gujarat High Court recently quashed and set aside State Information Commission's order directing disclosure of the salary and allowances of a former Additional Judge of the Gujarat High Court under the RTI Act. Chandravadan Dhruv had filed an application under the RTI Act on 14.06.2016 seeking certain information, one of which was to provide information regarding the Salary...

Supreme Court Annual Digest 2022- TAX

See Also: Supreme Court Annual Digest 2022 - Income Tax Central Excise Act, 1944; Section 11B - Central Excise Rules, 2002 ; Rule 18 - While making claim for rebate of duty under Rule 18 of the Central Excise Rules, 2002, the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 shall have to be applied and applicable. (Para 15) Sansera Engineering Ltd....

Consensual Teenage Relationship: Delhi High Court Grants Bail To Accused In POCSO Case As Victim Offers To Stand As ‘Surety’ For Him

Delhi High Court has granted bail to a 20-year-old in a POCSO case after the victim — the wife of accused, told the court that they were in a consensual relationship at the time of alleged offence, and is offering to stand as surety for him in case he is granted bail.In the decision on the bail application moved by the accused, Justice Anup Jairam Bhambhani said the offences under Section...

No-Claim Certificate In Pre-Printed Form And Pre- Condition To The Release Of Payment Amounts To Coercion : Delhi High Court

The High Court of Delhi has held that the a no-claim certificate is given under coercion if it was in a pre-printed form and a pre-condition to the release of payment under the final bill. The bench of Justices Vibhu Bakhru and Amit Mahajan held dispute between the parties cannot be said to be settled by accord and satisfaction on account of no-claim certificate given by the...