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Motor Accident Compensation | Disability Certified By Medical Board Cannot Be Reduced Without Ordering Re-Assessment : Supreme Court
The Supreme Court recently ruled that a disability certificate issued by the Medical Board should be accepted as such, being expert evidence. The disability percentage cannot be reduced by questioning the Medical Board's findings without ordering a reassessment.A bench of Justice Sanjay Karol and Justice Manmohan set aside the Rajasthan High Court's decision which reduced the compensation...
Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court
The Supreme Court recently allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.A bench of Justices BR Gavai and K Vinod Chandran heard a father's appeal against the High Court's rejection of his habeas corpus petition. The High Court had denied him custody of his child,...
Decide SP Leader Md Abdullah Azam Khan's Appeal Treating Him As Juvenile On Date Of Offence : Supreme Court To Sessions Court
The Supreme Court today(February 11) passed an interim order directing the Sessions Court to decide the criminal appeal, filed by Samajwadi Party leader Mohammed Abdullah Azam Khan against the trial court's order convicting him for an offence under Section 353 IPC (assault or criminal force to deter a public servant from discharging his duty), within 6 months. The Court added that Abdullah...
'Directions Issued Against Mob Violence Binding On All Authorities' : Supreme Court Disposes Of PIL To Curb Cow Vigilantism
Stating that directions already issued against lynching and mob violence, the Supreme Court on Tuesday (February 11) disposed of a PIL which raised the issue of cow vigilantism and mob attacks.The Court stated that the directions issued in its 2018 Tehseen Poonawalla judgment are binding on all authorities and that it was not feasible for it to monitor compliance by all States/Union...
Lawyer Challenges Uttarakhand Civil Code In High Court; Says Provisions Are Discriminatory Towards Muslim, LGBTQ Communities
A Public Interest Litigation has been filed in the Uttarakhand High Court challenging the recently implemented 'Uniform Civil Code Uttarakhand 2024', in particular provisions covering marriage and divorce and live-in relationships, claiming that it violates the fundamental rights of citizens. Notably, on January 27 the Uttarakhand Government rolled out the Uniform Civil Code, almost a year...
Should Commercial Suit Be Rejected Under O VII R 11 CPC For Not Following Pre-Institution Mediation? Supreme Court To Examine
The Supreme Court will examine the question whether a commercial suit should be rejected at the threshold for not following the pre-institution mediation as per Section 12A of the Commercial Courts Act.While issuing notice in a Special Leave Petition, a bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar observed :"The question that requires consideration by...
Supreme Court Sets Aside HC Direction To Deploy Security Guards At All ATMs As Banks Say It's Impractical
Accepting the argument raised by various banks that it was not practical to deploy security guards at all ATMs round the clock, the Supreme Court on Tuesday (February 11) set aside the direction issued by the Gauhati High Court in December 2013 for the security of ATMs.The High Court had directed, inter alia, that security guards should be placed round the clock at all ATMs and that only...
Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court
The Supreme Court through its recent order, observed that imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment debtor wilfully disobeyed its order.“Imprisonment of a judgment-debtor is no doubt a drastic step and would prevent him from moving anywhere he likes, but once it is proved that he had wilfully and with...
Handcuffing & Chaining Accused To Hospital Bed Shocking: Supreme Court Directs Haryana Govt To Issue Guidelines To Police
Declaring an arrest illegal due to the police's failure to inform the detainee of the grounds of arrest, the Supreme Court, shocked by the Haryana Police's treatment—handcuffing and chaining him to a hospital bed- ordered the state to issue guidelines preventing such actions and ensuring strict compliance with Article 22, with rule amendments if necessary.A bench of Justice Abhay S Oka...
