Injury Due To Tree Fall On Stationary Vehicle Not 'Motor Accident'; Can't Lodge MACT Claim : Supreme Court

The Court Supreme 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 to him from ₹17.10 lakh to ₹25 lakh by exercising its extraordinary powers under Article 142 of the...

'Mere Non-Communication With Wife Not Cruelty' : Supreme Court Sets Aside Husband's S.498A Conviction Over Wife's Suicide

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Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes

The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N Kotiswar Singh made the observations in a case involving a custody dispute where the child is also an alleged...

In Judgment On Homemakers, Supreme Court Cites 2023 Handbook Which CJI Surya Kant Called 'Too Harvard-Oriented'

The Supreme Court on Thursday (July 11) delivered a landmark judgment which recognized homemakers' contribution as 'nation builders', and directed that their contribution must be quantified a minimum as Rs 30,000 per month.The Court held that when a homemaker dies in a motor vehicle accident, the loss of domestic care must be separately awarded as a head of compensation, quantified at Rs 30,000 per month. It is notable that in this judgment, the bench comprising Justice Sanjay Karol and...

'Patriarchal Preference For Male Child Continues' : Supreme Court Calls For Strict Enforcement Of Sex-Selection Prohibition

The Court noted that while sex-ratio has improved, sex-selection practices are still continuing.

'Average Pendency Of 6 Yrs In MACTs' : Supreme Court Issues Directions To Expedite Motor Accident Compensation Claims

The Court observed that long pendency derailed the grant of 'just compensation' to accident victims.

Courts Must Order Psychological Assessment Of Child Only If Necessary; Minimum Intrusion Should Be Norm: Supreme Court

The Court reiterated that children who suffered sexual abuse should not be exposed to processes that may cause secondary victimisation.

'Homemakers Are Nation Builders' : Supreme Court Quantifies Homemaker Contribution As Rs 30K Per Month In Motor Accident Claims

The Court recognized 'loss of domestic care' as an additional ground for compensation in motor accident claims.

Doctrine Of Forum Non Conveniens Rarely A Ground To Deny Writ Jurisdiction Under Article 226(1): Supreme Court

The Supreme Court has held that the doctrine of forum non conveniens would not ordinarily apply when a litigant invokes the jurisdiction of a High Court under Article 226(1) of the Constitution, which allows writ petitions to be filed against authorities located within the territorial jurisdiction of that High Court.The doctrine of forum non conveniens permits a court that otherwise has jurisdiction over a dispute to decline to hear it if another court is considered a more appropriate or...

Is 3rd Judge Hearing Criminal Appeal After Split Verdict Bound By Views Of Previous Bench? Supreme Court Refers To Larger Bench

The Court expressed reservations regarding a 1999 judgment which held that the 3rd judge can independently examine the matter.

Supreme Court Sets Aside MP HC Direction To Trial Courts To Examine Sanctioning Authority Before Framing Charges In Corruption Cases

The Court held that criminal courts cannot introduce a new stage in trial procedure by requiring sanctioning authorities to be examined before charges are framed.

'Left Free To Live As Spouses' : Supreme Court Quashes POCSO Conviction After Convict & Victim Marry

The Supreme Court recently set aside a conviction under the Protection of Children from Sexual Offences Act, 2012, after the accused and the victim arrived at a settlement by marrying each other and after the accused offered her compensation.A bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar set aside the conviction invoking its special powers under Article 142 of...