Can Insurer Impleaded As Respondent In Claim Petition Challenge Quantum Of Compensation Without Leave Under Section 170 MV Act? Supreme Court To Consider

The Supreme Court has issued notice on a plea urging that an Insurance Company, if impleaded as a party respondent under the Motor Vehicles Act, can question the quantum of compensation as a person against whom a claim is made. The bench of Justices S. K. Kaul and M. M. Sundresh was hearing the SLP against a March decision of the Bombay High Court at Goa dismissing the appeal filed by...

Insurer Should Indemnify If Insured Suffers Sudden Sickness Or Ailment Which Is Not Expressly Excluded Under The Policy: Supreme Court

The Supreme Court has observed that if the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to indemnify the insured for the expenses incurred thereunder.The bench of Justices DY Chandrachud and BV Nagarathna in the present matter was considering a civil appeal against the order dated 22nd May, 2015, passed by...

Consumer Case Not Maintainable Over Medical Services Given Free Of Charge Just Because Doctor Draws Salary From Hospital : Supreme Court

"The salary that is paid by the hospital administration to the employee medical officer cannot be regarded as payment made on behalf of the person availing of the service or for his benefit so as to make the person availing the service a "consumer" under Section 2(1)(d) in respect of the service rendered to him.”

NCDRC Can Direct Deposit Of Entire Or More Than 50% Of Amount Determined By SCDRC For Stay : Supreme Court

In a significant judgment on the Consumer Protection Act 2019, the Supreme Court on Tuesday held that the National Consumer Disputes Redressal Commission(NCDRC) can direct the deposit of the entire amount or more than 50% of the amount determined by the State Consumer Disputes Redressal Commission for conditional stay.The Court added that however to pass such an order, the NCDRC has to pass...

No Limitation Period In Case Of A Usufructuary Mortgage : Supreme Court

The Supreme Court has observed that there is no limitation period in case of a usufructuary mortgage.A bench comprising Justices Hemant Gupta and V Ramasubramanian was dealing with an appeal filed by a mortgagee, who claimed ownership of the mortgaged property on the ground that 45 years had elapsed after the mortgage.The Supreme Court noted that the Full Bench of Punjab and Haryana High...

Statutory Tenant Cannot Seek Repossession After Demolition Of Building Under Section 108B(e) Of Transfer Of Property Act : Supreme Court

The Court explained that a statutory tenant can claim rights only under the Rent Act and not under the TP Act.

Whether A Deed Is Of Absolute Transfer Or Mortgage By Conditional Sale? Intention Of Parties Determines : Supreme Court

The Supreme Court has observed that the intention of parties has to be looked into to consider whether a document is of absolute sale or mortgage by conditional sale.Section 58 of the Transfer of Property Act defines the Mortgage by conditional sale as follows: "Where the mortgagor ostensibly sells the mortgaged property on condition that on default of payment of the mortgage-money on a...

Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court

The judgment on arbitration law decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc.

Acceptance Of Gift Can Be Inferred By Implied Conduct Of Donee: Supreme Court

The Supreme Court has observed that acceptance of a gift can be inferred by the implied conduct of the donee.Such inference can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in the possession of the gift deed itself, the bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant observed.In this case,...

[Transfer Of Property Act] Protection U/s 53A Available To Person Put In Possession And Has Agreement Of Lease In His Favour: SC [Read Judgment]

The Supreme Court has observed that protection under Section 53A of the Transfer of Property Act, 1882 is available to a person who is put in possession pursuant to an agreement of lease in his favour though no lease has been executed and registered.In this case, the Government acquired a land which belonged to Gaon Sabha Luhar Heri, Delhi. M/s. K.C. Sharma & Co. claimed compensation on...

Condition Restraining Alienation Of Property By Donee In A Gift Deed Is Void: SC [Read Judgment]

The Supreme Court has observed that a condition in the gift deed that the donee shall not alienate the subject property is a void condition as per Section 10 of the Transfer of Property Act.The issue in this appeal was whether the condition imposed in a gift deed that "the donee or his younger brothers who may be born hereafter have no right to alienate the schedule property in any...

Landlord's Derivative Title Has To Be Established When It Is Challenged By Tenant: SC [Read Judgment]

"When the landlord's derivative title is challenged, the same has to be established in some form. "