Supreme Court Weekly Round-Up

SC Elucidates Principles Of ‘Under Insurance’ And “Averaging Out”Elucidating the principles of “under-insurance” and “averaging out”, the Supreme Court, in IC Sharma vs The Oriental Insurance Co Ltd, held that when a group of items is insured under one heading and only some of the items and not all items are lost/stolen, then the principle of under-insurance will apply. The court also held that if all or most of the items of value covered under the policy are stolen, then the insurance company is bound to pay the value of the goods insured.No Permission/Leave Of The Court Necessary For ‘Next Friend’ To Institute Suit On Behalf Of MinorOn the question of procedure of filing suits on behalf of minors, the Supreme Court, in Nagaiah v Chowdamma, held that there is neither any provision for appointment of next friend by the court nor the permission of the court is necessary for such appointment. Khap Panchayats Can’t Question Adult’s Choice Of MarriageOn Tuesday, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar, hearing a 2010 writ petition filed by NGO Shakti Vahini seeking directions to the Central and state governments for the prevention of honour crimes, remarked, “The Khap Panchayat as a collective body cannot summon adult girls or boys on their choice of marriage. Whenever there is a collective attack on girls and boys who have attained majority, it is absolutely illegal”. SC Allows Transfer Plea Of 100% Visually Disabled Husband In Domestic Violence Case The Supreme Court recently allowed the transfer petition filed by a husband seeking transfer of a domestic violence case filed against him by his wife. The Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud noted that the Petitioner-husband is 100% visually disabled and has Deep Vein Thrombosis in his right leg. It therefore considered it appropriate to transfer the case from the Judicial Magistrate First Class, District Singrauli, M.P. to the Court of competent jurisdiction in District Jamshedpur, Jharkhand.After Maharashtra Govt Submits Documents, SC Adjourns Loya Case, Directs To Give Copies Of Documents To PetitionersThe Supreme Court on Wednesday adjourned the sensational Loya ‘death’ case after Maharashtra Government filed all documents pertaining to it before the court in a sealed cover. The Bench asked Senior Advocate Harish Salve, who appeared for Maharshtra to give the copies of the documents to the petitioners. SC Reprimands CBI For Delay In Registration Of FIRs In Fake Encounter Cases In ManipurThe Supreme Court special bench of Justice Madan B Lokur and Justice UU Lalit on Tuesday reprimanded the Central Bureau of Investigation (CBI), on account of its failure to register FIRs in respect of the fake encounters of innocent persons by police personnel and personnel in uniform in the state of Manipur.SC Tells ADJ Kamini Lau To Tender Unconditional Apology To Delhi HCAfter Justice AM Khanwilkar deemed it appropriate to recuse himself from the matter earlier on Monday, a Supreme Court bench of Chief Justice Dipak Misra and Justice DY Chandrachud heard in the afternoon the Special Leave Petition (SLP) preferred by Kamini Lau, Additional District Judge (ADJ), Tis Hazari Courts, against the judgment dated December 22, 2017 of the Delhi High Court.Bofors Case: What Is Your Locus To File Appeal? SC Asks BJP LeaderThe Supreme Court on wednesday wanted to know from BJP leader Ajay Agrawal what locus he had in filing an appeal in the Rs 64 crore Bofors pay-offs case. Observing that the CBI has not filed any appeal in the apex court challenging the May 31, 2005 Delhi High Court judgement, a bench headed by Chief Justice Dipak Misra said “We expect the petitioner to argue the matter on the next date of hearing and argue the parameters on grant of leaves”. File Status Report Of Trial Against Asaram : SC To Gujarat GovtAsking the Gujarat government to file a detailed progress report, the Supreme Court on Thursday sought to know the status of trial in a rape case involving self-styled godman Asaram Bapu.Would Delay In Informing Insurer About Vehicle Theft Debar The Insured From Getting Insurance Claim: SC Refers Question To 3-Judge BenchThe Supreme Court, in Gurshinder Singh vs Sriram General Insurance Co Ltd., referred to a three-judge bench the question whether delay in informing the insurance company about the theft of vehicle would debar the insured from getting the insurance claim.

Supreme Court Weekly Round-Up

Ashok K.M

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