Frame Cashless Treatment Scheme For Road Accident Victims During 'Golden Hour' By March 14 : Supreme Court Directs Centre

The Supreme Court today (January 8) directed the Central Government to frame a scheme for cashless treatment for victims of motor vehicle accidents during the “golden hour”, the first hour after a traumatic injury when prompt medical care has the highest likelihood of preventing death by March 14, 2025.“Once the scheme is framed and its implementation starts, it will save the lives...

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws

Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. Because the rights came to be enforceable from an earlier date, thus the doctrine saves the person from the prejudice suffered between...

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court

The Supreme Court has reiterated that in motor accident claim cases, police records can be looked into by the Tribunal/Court to determine the question of negligence.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal referred to Mangla Ram v. Oriental Insurance Co. Ltd. and Ors(2018) which held that charge sheet and other documents collected by the police during the investigation...

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court

The Supreme Court today (Jan. 2) observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to the adoption would...

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

The Supreme Court today (Dec. 19) again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956 (“HSA”). The Court referred to the Kamla Neti v. LAO (2023) judgment where it was noted that “it is high time for the Central Government to look into the matter and if required, to amend...

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old.The accident occurred in 2009 when a high-speed car, which was driven negligently, hit her when she was crossing a zebra-crossing with her mother and brother. As a result of...

S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court

The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58(c) of the Transfer of Property Act,...

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14

The Supreme Court on Monday (Dec. 9) highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956 (“HSA”) which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the...

Marumakkathayam Law | Property Obtained By Hindu Woman Post-Partition Without Legal Heir Would Be Her Separate Property & Not Joint Property : Supreme Court

The Supreme Court, in an appeal concerning property devolution under Kerala's traditional Marumakkathayam law, ruled that property acquired by a woman and her children post-partition does not become their separate property but remains part of the tharwad (joint property). The bench comprising Justice CT Ravikumar and Justice Sanjay Karol held so while deciding a question of “whether...

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14(1) of the Hindu Succession Act, 1956 ("HSA"), for a possessory right to be transformed into full ownership, it must be established that the Hindu woman holds...

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14(2) of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.The property possessed by a Hindu woman will transform into absolute ownership by virtue of Section 14(1)...

Holder Of LMV Driving License Doesn't Need Separate Authorisation To Drive Transport Vehicle Weighing Less Than 7500 KG : Supreme Court

The Supreme Court today (November 6) held that a person holding a driving license for a light motor vehicle(LMV) can, without any specific endorsement, drive a transport vehicle having an unladen weight of less than 7500 kg.If the gross weight of the vehicle is within 7500 kg, the driver with an LMV license can drive such a transport vehicle. The 5-judge Constitution Bench noted that no...