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“Delay Not Fatal When Authority Erred”: Delhi High Court Orders Full Family Pension Arrears For Widow Of Soldier Who Died In 1978
The Delhi High Court has upheld an order of the Armed Forces Tribunal, directing the Central government to pay arrears of special family pension to the widow of an army personnel, who died back in 1978.Though the widow had challenged denial of special family pension only in the year 2015, the High Court observed that such delay would not be fatal when the Pension Sanctioning Authority...
'Unbelievable That Vehicles Stop On Top Of Zebra Crossing': Kerala High Court Urges State To Take Concrete Action For Pedestrian Safety
The Kerala High Court has called for urgent, concrete measures to improve pedestrian safety across the State, observing that mere reports and studies are not sufficient to make public spaces “pedestrian safe and pedestrian worthy.”Justice Devan Ramachandran was considering a matter concerning road safety and zebra crossing.Nagaraju C, Transport Commissioner, K Biju, Secretary, Public...
Cause Of Fire Is Immaterial If Insured Didn't Instigate It : Supreme Court Explains Principles On Fire Insurance
Reiterating that the exact cause of a fire is immaterial so long as the insured is not its instigator, the Supreme Court on Thursday (October 30) dismissed the appeal filed by the National Insurance Company and upheld the insured's claim for loss arising from a fire that originated from multiple sources.“Once it is established that the loss is due to fire and there is no allegation/finding...
'Ba***ds of Bollywood Is Satire, Not Defamation': Red Chillies Opposes Sameer Wankhede's Plea Before Delhi High Court
Red Chillies Entertained has opposed before the Delhi High Court IRS Officer Sameer Wankhede's defamation suit over his allegedly defamatory portrayal in Netflix series “Ba***ds of Bollywood” directed by Aryan Khan.In its reply to Wankhede's interim injunction application, the production company has said that the portrayal of the characters in the series is purely in the nature of satire...
Transactions Purely Commercial; Public Trust Doctrine Can't Defeat Limitation: Madras HC Dismisses GAIL Appeals In ₹246 Cr Dispute
In an important ruling for the natural gas sector, the Madras High Court Bench of Justices G Jayachandran and Mummineni Sudheer Kumar denied appeals by GAIL (India) Limited against five natural gas supplier companies in arbitrations aggregating to Rs. 246 crores, observing that natural gas transactions are commercial and GAIL could not invoke the public trust doctrine to escape...
Justice Surya Kant Appointed As 53rd Chief Justice Of India
The President has signed the Warrant for the appointment of Justice Surya Kant, the second senior Judge of the Supreme Court, as the Chief Justice of India with effect from November 24, following the retirement of the incumbent Chief Justice of India, BR Gavai, on November 23.This was confirmed by the Union Minister for Law and Justice Arjun Ram Meghwal, who posted, "In exercise of the...
Customs | Royalty For Technical Know-How Not 'Condition Of Sale' Even If Included In Value Of Imported Goods: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that royalty paid for technical know-how is not a 'condition of sale' merely because it is included in the value of imported goods. Justice Dilip Gupta (President) and Hemembika R. Priya (Technical Member) opined that both the Technical Agreements relate to transfer of technical...
Farmers Protest: Bachchu Kadu Drops 'Rail Roko' Andolan After Bombay High Court Cautions Against Public Disturbance
Farmers' leader and former MLA Omprakash alias Bachchu Kadu on Thursday cancelled his proposed plan to stage a "Rail Roko Andolan" in Nagpur after the Bombay High Court cautioned him against probable inconvenience to the citizens.Notably, Kadu led thousands of farmers and staged protests by blocking the National Highway 44 popularly known as Wardha Road, which connects to the Samruddhi...
RP's Admission Of Claim In Earlier CIRP Amounts To Acknowledgement U/S 18 Limitation Act For Commencement Of Fresh Limitation Period: NCLAT
The NCLAT, Principal Bench, New Delhi, comprising Justice N. Seshasayee (Member-Judicial) and Arun Baroka (Member-Technical), has held that the admission of a financial creditor's claim by a resolution professional during an earlier CIRP amounts to an acknowledgement of debt within the meaning of section 18 of the Limitation Act. Therefore, the said acknowledgement gives the fresh period...
Interim Restraint On Creating Third-Party Rights In Property Is Permissible In Specific Performance Suits: Allahabad High Court
The Allahabad High Court has held that an injunction can be granted against the owner of a property in specific circumstances under Order 39 Rule 1 & 2 of CPC, even if the principle of lis pendens under Section 52 of the Transfer of Property Act ('TP Act') is applicable.Referring to the decision of the Apex Court in Ramakant Ambalal Choksi vs. Harish Ambalal Choksi & Others,...
