OTHERS
Rights Conferred By Hindu Succession Act Prevail Over Rights Claimed By Nominee U/S 39(7) Of Insurance Act: Allahabad High Court
The Allahabad High Court has held that Hindu Succession Act, 1956 prevails over the Insurance Act, 1938 as the rights guaranteed to the successor under the former cannot be defeated by the rights guaranteed to the nominee under the latter enactment.While dealing with the claim of the mother-nominee over the insurance money of her deceased daughter against the rights of the daughter of...
Consumer Protection Act 2019 | Fixing Pecuniary Jurisdiction Based On Value Of Consideration Is Constitutional: Supreme Court
The Supreme Court today (April 29) upheld the constitutionality of the provisions of the Consumer Protection Act, 2019, prescribing pecuniary jurisdictions of the district, state and national commissions on the basis of value of goods and services paid as consideration, instead of compensation claimed.The Court dismissed the constitutional challenge to Section 34, 47 and 58 of the 2019 Act...
When Joint Hindu Family Property Is Partitioned, Shares Of Parties Become Their Self-Acquired Properties : Supreme Court
The Supreme Court recently reaffirmed that following the partition of a joint family property, the individual shares allotted to each co-parcener become their self-acquired property."After the joint family property has been distributed in accordance with law, it ceases to be joint family properties and the shares of the respective parties become their self-acquired properties," the...
Insurer Can 'Pay & Recover' If Driver Of Vehicle Meant To Carry Hazardous Substance Didn't Have Endorsement U/R 9 CMV Rules : Supreme Court
The Supreme Court on Tuesday (April 8) ruled that an endorsement under Rule 9 of Central Motor Vehicles Rules, 1989 is mandatory in the driving license for driving a vehicle carrying any dangerous or hazardous goods. Rule 9 mandates specialized training (including defensive driving, emergency handling, and product safety) and an endorsement for drivers of vehicles carrying hazardous...
Misleading Medical Ads | Supreme Court Directs States To Appoint Officers To Enforce Drugs & Magic Remedies (Objectionable Advertisements) Act
The Supreme Court on Wednesday (March 26) passed a slew of directions to state governments for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act), which prohibits the publication of misleading advertisements regarding medical cures.The Court lamented the poor implementation of the Act, which was enacted seventy years ago."The 1954...
Consumer Can Approach Consumer Forum Even If Agreement Provides For Arbitration : Supreme Court
The Supreme Court recently reiterated that the arbitration clauses in an agreement would not override the consumer's choice to approach the consumer forum for adjudication of the dispute. The Court said that a consumer cannot be forced to get the dispute adjudicated through Arbitration just because an arbitration clause is mentioned in an agreement. It added that the consumer has the...
Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief...
Motor Accident Compensation | Supreme Court To Reconsider Judgment Barring Claim Under S.163A MV Act After Dismissal S.166 Claim
The Supreme Court recently (on February 13) referred its decision relating to compensation under the Motor Vehicles Act, Deepal Girishbhai Soni and Ors. vs. United India Insurance Co. Ltd., Baroda (2004) 5 SCC 385, to a larger bench for reconsideration. A three-judge bench in this case held that, where no case is made out for awarding compensation under Section 166 of...
Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC
The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004 (Amendment to Section 6 of the Hindu Succession Act), between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation...
Merely Marrying Muslim Man Doesn't Result In Automatic Conversion From Hinduism To Islam: Delhi High Court In Partition Suit
While dealing with a partition suit, the Delhi High Court has observed that merely marrying a Muslim man does not result in an automatic conversion from Hinduism to Islam. Justice Jasmeet Singh was dealing with a partition suit filed in 2007 by the eldest daughter of a man from his first wife against him as well as his two sons from the second wife. Another daughter from the first wife...
Lack Of Territorial Jurisdiction No Ground To Transfer Complaint, Raise Objection Before Magistrate : Supreme Court
The Supreme Court today (January 21) dismissed a petition seeking transfer of various cheque dishonour complaints against the petitioner observing that the lack of territorial jurisdiction of court in which complaint is filed cannot be a ground to transfer the complaint to another court.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan dismissed a petition seeking transfer of 22...