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Motor Accident Claim | Third Party Insurance Policy Effective From Date & Time Specified In Policy Document : Supreme Court
While dismissing an insurance company's appeal against a motor accident compensation award, the Supreme Court recently reiterated that merely alleging fraud as regards obtaining of an insurance policy is not enough. Rather, it has to be proved by the insurance company by adducing evidence. The Court further observed that policy coverage commences from the time and date specified in the...
'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases
The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court.A bench of Justices J.K. Maheshwari and Rajesh Bindal while upholding the right of the litigants to access the courts as the...
Propounder Taking Prominent Part In Will's Execution & Getting Substantial Benefit Raises Suspicions, Must Be Dispelled: Supreme Court
The Supreme Court ruled that a propounder who substantially benefits from a Will and participates in its execution raises suspicion, which must be dispelled with clear evidence. The propounder is expected to testify about the proper execution, the presence of attesting witnesses, and other key details. The Court further held that under Section 68 of the Indian Evidence Act, 1872, presenting...
Senior Advocate Iqbal Chagla Passes Away
One of India's leading lawyers and a doyen of the Bombay Bar Association (BBA), senior Advocate Iqbal Chagla died on Sunday (January 12).Iqbal, the son of former Bombay High Court Chief Justice MC Chagla, was unwell and died at the age of 86. He was the father of sitting judge of Bombay HC Justice Riyaz Chagla. Confirming the information, BBA President Nitin Thakker, said, "Yes, Mr Chagla is...
Supreme Court Annual Digest 2024 - Constitution Of India
Constitution of IndiaArticle 8 - The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as voluntary. Therefore, children of such persons cannot seek to resume Indian citizenship under Section 8(2) of the...
Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment (before the 2013 amendment).The Court was also aghast to note that the Gujarat High Court did not take...
Know The Law | Why Supreme Court Frowned Upon Preferential Allotment Of Public Lands To Legislators, Civil Servants, Judges, Professionals Etc
The Supreme Court in its recent decision in State of Andhra Pradesh v. Dr Rao VBJ Chelikani , while quashing the preferential allotment of lands to the housing societies of MPs, MLAs, civil servants, Judges, defence personnel, journalists etc, dissected the important parameters in determining arbitrariness in legal challenges under Article 14. Here is a breakdown of CJI Sanjiv Khanna's...
Supreme Court Calls For Uniform Limitation Periods Across Statutes, Greater Flexibility To Courts For Condoning Delays
The Supreme Court in a judgment authored by Justice Pankaj Mithal called for legislative reforms to ensure uniform limitation periods across statutes, enabling courts to condone delays beyond rigid limits in cases where sufficient cause is shown.“In my personal opinion, the statutes ought not to provide different period of limitation for instituting suit, preferring appeal and making...
Ukraine MBBS : Supreme Court Seeks Union's Response On Relief For Medical Students Who Returned From Ukraine Before Final Year
The Supreme Court recently issued a notice to the Union of India to clarify whether relief measures have been extended to students who were pursuing medical education in Ukraine and had to return to India before their final year due to the Russia–Ukraine conflict in 2022.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan opined that steps mentioned in the Union's compliance affidavit...
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Join Today for LiveLaw Academy's "JUDICIAL SERVICE EXAMINATION PREPARATION COURSE" To get 20% DiscountLast Date To Apply For The Course: 12th January 2025Commencement of Classes : 15th January 2025Features of LiveLaw Academy's Judicial Service Examination CourseWell Qualified Faculties Including High Court JudgesComprehensive Coverage of 40+ SubjectsWell Prepared Digital Notes Updated With...
S. 80 CPC | Amendments To Plaint Linked To Main Cause Of Action Constitutes Continuous Of Action, No Notice Required To Government : Supreme Court
The Supreme Court observed that when an application seeking an amendment to plaint is filed due to subsequent developments intrinsically linked to the main cause of action, it constitutes a continuous cause of action, and no notice to the government is required under Section 80 of the Code of Civil Procedure, 1908 (CPC). The primary issue for consideration before the Court was whether a...