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When Can Life Insurance Claim Be Repudiated For Not Disclosing Other Existing Policies? Supreme Court Explains
The Supreme Court, while deciding an insurance-related claim, observed that insurance is a contract of utmost faith and it is an insured's duty to disclose all material facts. Non-disclosure of such fact may result in repudiation of the claim; however, the materiality of a certain fact is decided on a case-to-case basis.“An insurance is a contract uberrima fides. It is the duty of the...
Supreme Court Refuses To Halt Disposal Of Chemical Waste From Bhopal Gas Tragedy At Pithampur
The Supreme Court today (February 27) refused to interfere with the direction of the MP High Court which ordered the disposal of chemical waste from Bhopal Gas Tragedy site at Pithampur. The Court granted liberty to the parties to raise their grievances before the High Court. The bench of Justices BR Gavai and AG Masih, was hearing a petition assailing Madhya Pradesh High Court's direction...
Some Merit In Allegations That GST Officials Coerce Assesses To Pay Tax With Threat Of Arrest; It's Impermissible: Supreme Court
The Supreme Court on Thursday (February 27) observed that there was some merit in the allegation that tax officials coerce assesses to pay the Goods and Services Tax with the threat of arrest. This observation was made by the Court on the basis of data.The Court said that if any person is feeling coerced to pay GST, they can approach the writ court for refund of the tax paid by them...
Sanction For Prosecution Of Public Servants – The Shift In The BNSS
Public servants are treated under the law as a special category, with a view to protect them from frivolous, malicious and vexatious prosecutions. It is imperative to protect public servants from retaliatory, revengeful and frivolous prosecutions so that they could discharge their official duties honestly, fearlessly and efficiently. The principle of immunity protects all acts which a public servant has to perform in exercise of the functions of the State. However, there is an exception....
Whether 'Prakash Singh' Judgment On DGPs Applies To Delhi Police Commissioner Appointment? Supreme Court Leaves Question Open
The Supreme Court recently disposed of a challenge raised to the appointment of ex-Delhi Police Commissioner Rakesh Asthana, while leaving open the legal question as to whether the 2006 judgment in Prakash Singh v. Union of India shall apply to the appointment of Delhi Police Commissioners.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating,"The only legal issue...
Employee Can't Be Denied Pension Citing 'Break In Service' If Absence Was Regularized As Extraordinary Leave : Supreme Court
The Supreme Court held that pensionary benefits cannot be denied to a retired government employee whose unauthorized absence from duty was treated as extraordinary leave, leading to the regularization of their service. The Court said that if despite the employee's prolonged absence from the service, his service is regularized during the period of absence by treating his absence as...
S.27 Evidence Act Can't Aid Prosecution If Recovery Isn't Proved To Be Based On Disclosure Of Accused : Supreme Court
The Supreme Court recently (on February 24), while acquitting two persons convicted for the offence of murder, observed that the circumstance leading to the deceased's body discovery was not proved beyond all reasonable doubt as against the appellant. The observation was made in regard to Section 27 of the Evidence Act, which talks about information received from the accused which may...
Grand Finale Of AmiQuiz Curiae National Legal Quiz To Be Held In Delhi On March 2
The Grand Finale of the AmiQuiz Curiae National Legal Quiz will be held in New Delhi on March 2, 2025. The quiz is a tribute to the 75th anniversary of the Indian Constitution.Finalists from the North, East, West and South Zonal rounds will be competing in the finals. Justice Sanjiv Khanna, Chief Justice of India; Justice DK Upadhyaya, Chief Justice of the Delhi High Court; and Senior...
Tenant Cannot Dictate Landlord Should Get Another Property Vacated For Bona Fide Need : Supreme Court
The Supreme Court observed that the landlord or property owner is the best judge of which portion of the rented premises should be vacated to meet their specific needs, and the tenant cannot oppose eviction merely on the grounds that the landlord owns other properties.“The law with regard to eviction of a tenant from the suit premises on the ground of bona fide need of the landlord is...
Skoda-Volkswagen Case : Bombay High Court Asks Customs Dept To Explain How Show Cause Notice Isn't Time-Barred
In Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court today asked the Customs Authority to file an affidavit explaining why the September 2024 show-cause notice issued to the company is not barred by limitation. “…on the issue of limitation which is factual, please file a short affidavit setting out...