Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer

Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck.Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note of the fact that...

'Public Authority' & 'Public Information Officer' Under RTI Act, 2005: Jharkhand High Court Explains Difference

Upholding the order of the State Information Commission, the Jharkhand High Court recently held that the State Information Commission has the power to pass an order of compensation by resorting to the provision of Section 19(8)(b) of the Right to Information Act, 2005. Noting the difference between Public Authority and Public Information Officer, Justice Sujit Narayan Prasad held that the...

Blacklisting Causes Civil Death, Clear Show Cause Notice & Due Process A Must: Bombay High Court

Observing that an entity cannot be blacklisted from participating in future contracts without being allowed a proper opportunity to defend itself and without following the due process of law, the Bombay High Court granted interim relief to a company in a contract with the Railways. The court held that the railway officials had not given the petitioner a fair opportunity to defend his...

Order XXXVII CPC- Defendant Entitled To Unconditional Leave To Defend Suit If Substantial Defence Or Triable Issues Shown: Delhi High Court

The Delhi High Court has observed that under Order XXXVII of the Code of Civil Procedure, a defendant is entitled to the leave to defend the suit if he satisfied the Court that he has a substantial defence or that there are triable issues by way of which the plaintiff is not entitled to leave to sign judgment. Justice Suresh Kumar Kait made the following observations:"Order XXXVII CPC...

Bombay High Court Weekly Roundup: January 31 To February 6, 2022

1. S 45 PMLA: Twin Conditions for Bail That We're Declared Unconstitutional By SC Stand Revived by 2018 Amendment Act - Bombay High Court Case Title: Ajay Kumar v Directorate of Enforcement Citation: 2022 LiveLaw (Bom) 27 The Bombay High Court noted that the twin conditions for bail in section 45(1) of the Prevention of Money Laundering Act, 2002 which were declared...

Rajasthan High Court Weekly Roundup: January 31 to February 6, 2022

Judgments/ Orders of the Week 1. Alienation Of Property During Pendency Of Suit Null & Void; Subsequent Purchaser Not A Necessary Or Proper Party: Rajasthan High Court Case Title: Yogesh Goyanka v. Govind and Ors. Citation: 2022 LiveLaw (Raj) 42 The Rajasthan High Court has recently observed that alienation of a property during pendency of a suit is null...

Kerala High Court Weekly Roundup: January 31 To February 6, 2022

Judgments This Week1. Law Student's Suicide: Kerala High Court Grants Bail To Accused HusbandCase Title: Mohammed Suhail v. State of Kerala & AnrCitation: 2022 LiveLaw (Ker) 46The Court granted bail to Suhail, the husband of a 2nd year LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment. Justice Gopinath P. was inclined to grant bail with...

Examine If An Advocate Charged With 7 Theft Cases Is Entitled To Maintain License To Practice?: MP High Court To State Bar Council

The Madhya Pradesh High Court (Jabalpur bench) has asked the Bar Council of Madhya Pradesh as to whether an advocate, who is charged with 7 cases of theft and from whom recovery is made, can represent himself as an advocate or not, and whether such an advocate is entitled to maintain his license to practice.The Bench of Justice Vivek Agarwal was dealing with the second bail application of...

Civil Law- Appellate Court's Scope Of Interference Limited With Temporary Injunction Passed By Trial Court : Rajasthan High Court

The Rajasthan High Court, Jaipur observed that the appellate court's scope of interference is limited when the trial court has exercised its discretionary and equitable jurisdiction to grant the temporary injunction in favour of plaintiff and against defendants. Justice Sudesh Bansal, while disposing of the plea, observed, "This Court is of considered view that this is not a fit...

Settlements Entered In Industrial Disputes Valid & Legal Even Though Provisions Similar To Order XXIII Rule 3 CPC Do Not Exist In Industrial Disputes Act: Delhi HC

The Delhi High Court has observed that settlements entered into in industrial disputes are legal and valid even though provisions similar to Order XXIII Rule 3 CPC do not exist in Industrial Disputes Act, 1947. Justice Pratibha M Singh added that settlements can be entered into between Management and Workman even outside the court or conciliation proceedings as is clear from sec. 18(1)...

Calcutta High Court Weekly Round Up: January 31 To February 6, 2022

Judgments/Orders of the Week 1. 'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986Case Title: Biswanath Das v. State Citation: 2022 LiveLaw (Cal) 18The Calcutta High Court reduced the sentence awarded to a man charged under Section 489B and Section 489C of the IPC for forging currency notes after observing that he...

"There Is A Right To Terminate Pregnancy On Ground Of Rape": Uttarakhand High Court Allows Termination Of 28 Weeks Foetus

The Uttarakhand High Court has allowed the termination of a 28 weeks foetus of a rape victim. Granting relief to the victim, the Single Judge Bench of Justice Alok Kumar Verma held, "There is a right to terminate pregnancy on ground of rape. A rape victim has a right to make a choice to carry. She has also right not to carry pregnancy subject to the conditions as enumerated under...