OTHERS
Housewife's Contribution Is Invaluable: Calcutta High Court Enhances Compensation Over Death Of Woman In Road Accident
The Calcutta High Court has enhanced compensation awarded for the death of a homemaker in a motor accident case, underscoring that the contribution of a wife and mother to her family is “invaluable” and cannot be measured merely in monetary terms.Justice Biswaroop Chowdhury increased the compensation payable to the deceased homemaker's minor daughter from ₹9.17 lakh to ₹11 lakh,...
Revocation Of Probate Governed By Article 137 Of Limitation Act As Succession Act Prescribes None: Supreme Court
The Supreme Court has held that since the Indian Succession Act, 1925 does not prescribe any limitation period either for seeking probate of a Will or for filing an application to revoke a probate already granted, such proceedings would be governed by Article 137 of the Limitation Act, 1963, which provides a three-year limitation period for applications where no specific period is...
Injury Due To Tree Fall On Stationary Vehicle Not 'Motor Accident'; Can't Lodge MACT Claim : Supreme Court
The Supreme Court ruled that injuries caused by the fall of a roadside tree branch on a stationary autorickshaw during heavy rain do not constitute an accident arising out of the "use of a motor vehicle" for the purposes of a claim under Section 166 of the Motor Vehicles Act, 1988. Nevertheless, considering the grave injuries suffered by the victim, the Court enhanced the compensation awarded...
Public Servant's Financial Affairs Exempted From Disclosure Under RTI, Unless Justified By Overriding Public Interest: Karnataka High Court
The Karnataka High Court dismissed an RTI applicant's plea seeking disclosure of assets and liability statement of a public servant, former Deputy Controller of State Road Transport Corporation (KSRTC), observing that the information sought was personal unconnected to any public interest hence protected under Section 8(1) (j) RTI Act. It observed that official acts, decisions, utilization...
Mere Pendency Of Criminal Case No Bar For Renewal Of Passport: AP High Court
Directing the directed passport authorities to consider a teenager's passport application–booked in a criminal case where cognizance had not been taken, the Andhra Pradesh High Court said that mere pendency of a criminal case is not a bar for renewing the passport. The petitioner-16-year-old boy, made an application before regional passport officer for the issuance of a passport. A...
Local Commissioner's Report Can Form Basis Of Decree In Trademark Infringement Suit: Delhi Commercial Court
The Commercial Court at Saket, New Delhi, has decreed a trademark and copyright infringement suit filed by Luxottica Group S.P.A., proprietor of the globally renowned RAY-BAN brand, against traders found dealing in counterfeit eyewear bearing the identical mark.The Court noted that the plaintiff had established its statutory and common law rights in the RAY-BAN trademark through extensive registrations, longstanding use, and substantial goodwill and reputation associated with the mark.The Court...
Force Majeure Must Be Proved By Cogent Evidence, Not Mere Newspaper Reports: Delhi Commercial Court Refuses To Set Aside Arbitral Award
A Delhi Commercial Court has refused to set aside an arbitral award rejecting claims founded on force majeure, holding that the existence of force majeure conditions must be established through cogent evidence and cannot be proved merely by relying on newspaper reports.The Court observed that newspaper clippings, in the absence of supporting evidence, constitute hearsay and are insufficient to establish facts forming the basis of a force majeure claim.The District Judge (Commercial Court)-01,...
Specific Relief Act | Buyer's Delay In Issuing Legal Notice To Seller Not Ground To Deny Specific Performance : Supreme Court
The Court held that when a suit seeking specific performance of an agreement to sell is filed within the limitation, any delay in issuing a legal notice is irrelevant to the denial of relief.
