Civil Law - Partition Suit – Conditional Settlement Deed – Partition Claim Rejected – The plaintiff sought partition and separate possession of 1/3rd share in the suit properties based on succession from the mother who executed settlement deeds in favour of defendants imposing obligation to pay amounts to the plaintiff – Held: The properties under the irrevocable conditiona...
Civil Law – Declaration - Conditional Sale – Sale Deed Made Ineffective by Cheque Dishonour – Valid Declaration – The sale deed dated 16.06.2003 was executed on condition that a post-dated cheque for ₹45,00,000 would be honoured – As the cheque was dishonoured repeatedly for insufficient funds, the trial court declared the sale deed ineffective – Held: Parties...
Family Law - Transfer Petition – Custody Proceedings – Welfare of Minor – Transfer Allowed – Petitioner-wife sought transfer of proceedings filed by husband under Section 12 of the Guardians and Wards Act for custody of six-month-old child from Jalpaiguri to Dehradun – Court held that compelling the mother to travel with a breast-feeding child would result in grave ha...
Motor Accident Compensation – Cancelled Insurance Policy – Pay and Recovery – Appeal Disposed – Offending vehicle’s insurance policy cancelled over three months before accident due to dishonoured premium cheque; insurer intimated owner and RTO—Tribunal and High Court still directed insurer to pay claimants and recover from owner—Supreme Court applied Dedda...
Motor Accident Claim – Death of Minor – Tribunal’s award restored – Appeal by parents against High Court’s reduction of compensation from Rs.8,55,000/- to Rs.5,80,000/- – Supreme Court held that Tribunal’s assessment of Rs.5,000/- monthly income for a 10-year-old child under Section 166 MV Act was proper, no deduction for personal expenses applicable, mult...
Motor Accident Liability – Insurer’s Obligation – Appeal Allowed – Appellant, ostensible owner/driver, challenged High Court’s absolution of insurer from liability for compensation in three claim petitions—Supreme Court held that deceased/injured were owners of goods accompanying their goods in a goods vehicle, hence covered as third parties under Section 147(1)...
Judicial Discipline – Directions to High Court Judge – Modification on Request of CJI – Supreme Court had earlier set aside an Allahabad High Court order and remanded matter for fresh hearing, while issuing directions restraining the concerned judge from handling criminal matters till demitting office – On written request from CJI, SC deleted paras 25 and 26 of earlier orde...
Motor Accident Compensation – Self-Employed Person Abroad – Appeal Partly Allowed – Claimants challenged High Court’s award of ₹1,17,20,200/- for accidental death of 31-year-old U.S. national, contending omission of “future prospects” – Supreme Court upheld High Court’s income assessment of ₹78,300/- per month but applied 40% addition towards fut...
Injunction Upheld – The Respondent, engaged in the software business since 1992 under the "Newgen" mark, filed a suit against the Appellant, which adopted the name “Newgen IT Technologies Limited” in 2024 – The Court upheld the ex-parte ad-interim injunction granted by the District Judge – Held: The Respondent is the prior user and registered proprietor of t...
Constitutionality – Right of Appeal – Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Petitioner challenged the constitutionality of Section 16 for not providing a right of appeal to children/relatives against orders under Section 9 – Court noted pending legislative amendments aimed at extending the right of appeal to children/relatives ...