Process Even Offline Covid Ex-Gratia Applications, Make Ernest Endeavour To Assist: Bombay High Court To Maha Govt

The Bombay High Court in an interim order regarding grant of Rs. 50,000 ex-gratia compensation to the kin of covid-19 victims directed the State of Maharashtra to process applications expeditiously even if the applications were filed physically and not only through the official online portal. A division bench of Chief Justice Dipankar Datta and Justice VG Bisht observed that the State...

Section 69(2) Partnership Act Does Not Bar Suit Filed By An Unregistered Firm If Contract In Question Was Not In The Course Of Its Business Dealings: Supreme Court

The Supreme Court held that to attract the bar of Section 69(2) of the Partnership Act, 1932, the contract in question must be the one entered into by partnership firm with the third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings.The bench comprising Justices Dinesh Maheshwari and Vikram Nath observed that Section 69(2) is not...

Delhi Riots A 'Conspiracy Of Silence', Idea Was To Completely Put System Under Paralysis: Prosecution Argues In Bail Hearing

The prosecution on Monday told a city Court that there was a 'conspiracy of silence' in committing the 2020 North East Delhi riots, idea behind which was to completely put the system under paralysis. Special Public Prosecutor Amit Prasad was arguing before Additional Sessions Judge Amitabh Rawat opposing the bail pleas of accused Umar Khalid, Khalid Saifi, Meera Haider, Salim Malik, Shahdab...

Supreme Court Imposes ₹7,500 Cost On Centre Over Failure To File Counter Affidavit Despite Repeated Opportunities

On Monday, the Supreme Court granted four weeks as last opportunity to the Union Government to file its counter affidavit in a PIL challenging validity of Section 2(f) of the National Commission for Minority Education Institution Act 2004, for failing to recognise minorities at state level.The last opportunity has been granted subject to deposit of cost amounting to Rs. 7,500 to the...

RSS Worker's Murder: Certain Aspects Require CBI Probe, Says Kerala High Court

The Kerala High Court on Monday observed that certain aspects in the murder of Rashtriya Swayamsevak Sangh (RSS) worker Sanjith, who was hacked to death in November last year, need to be investigated by the Central Bureau of Investigation (CBI).Justice K. Haripal noted that some of the accused in the case had hideouts outside the state which warranted the interference by CBI. 'Why do...

How Will State Monitor Private Hospitals Treating Black Fungus? Jharkhand High Court Asks In A PIL Over Negligent Treatment

The Jharkhand High Court has asked the State to apprise it with the method that has been adopted to monitor the functioning of private hospitals, which have been authorized to deal with the patients of 'Black Fungus'. A Division Bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad raised the query in a suo moto action taken by the High Court. Last year, based on a...

Workmen's Compensation Act- Interest On Compensation Shall Be Paid From Date Of Accident And Not Date Of Adjudication Of Claim: Supreme Court

The Supreme Court observed that interest on compensation under the Workmen's Compensation Act 1923, shall be paid from the date of the accident and not the date of adjudication of the claim.Ajaya Kumar Das, was working as a labourer. Due to an accident, he suffered multiple injuries in his abdomen and kidney. A claim for compensation was lodged before the Workmen compensation-cumAssistant...

Person Well Versed In Commerce Expected To Check Valuation Of Property Before Entering Into Transaction: Supreme Court Quashes Cheating FIR

The Supreme Court recently quashed a cheating FIR lodged by a businessman based in Gulf, stating that he being a man well versed in commerce should have checked the valuation of the property before entering into the transaction.The bench of Justices UU Lalit and Bela M Trivedi was considering a criminal appeal assailing Kerala High Court's judgment dated September 29, 2020 by which the High...

Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench

The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate.The bench of Justices D. Y. Chandrachud and Surya Kant was...

Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court

An insurance company cannot be held liable for indemnity if the driver of the offending vehicle does not have a valid license on the date of the accident, Gujarat High Court has held. In an appeal filed against an order of Motor Accident Claims Tribunal which had held that the insurance company would be liable to indemnify an award for accidental damage even if the license of the...

Cancellation Of Bail Justified Where Court Fails To Consider Relevant Factors Like Nature Of Accusation, Material Collected During Investigation: Supreme Court

The Supreme Court of India has observed that where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail.According to the Bench, the Appellate Court is required to consider whether the order granting bail suffers from a non­-application of mind or a prima facie view from the...

Calcutta High Court Seeks State's Response In PIL Seeking Regular Maintenance And Preservation Of Maidan

The Calcutta High Court on Monday sought response from the State government in a Public Interest Litigation (PIL) petition seeking directions for regular maintenance and preservation of the Brigade Parade Ground and adjoining greens popularly known as the Maidan which is considered to be the lungs of the city. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj...