Motor Vehicle Act – Pay and Recovery – Owner’s Negligence in Verifying Driver’s Licence – Accident resulting in fatalities of rider and pillion rider due to rash and negligent driving of the first respondent without a valid driving licence – Tribunal directed insurance company to pay compensation to claimants with recovery rights against the vehicle owner &ndash...
Civil Procedure – Appointment of Court Commissioner – Order XXVI Rule 9, CPC – Permissibility at Initial Stages – Held: The appointment of a Court Commissioner is permissible under Order XXVI Rule 9 CPC even at the initial stage of proceedings when the purpose is to elucidate facts or assist the court in ascertaining the situation of the property – Procedural laws mus...
Hindu Succession Act – Sections 14(1) and 14(2) – Scope and Application – Property given to a Hindu widow in lieu of maintenance can become her absolute property under Section 14(1) unless a restrictive estate is explicitly prescribed under Section 14(2) – Held: Absolute rights were granted to Smt. Veerabhadramma for 2.09 acres of land, while a life interest was created in ...
Property Rights – Section 14(1) and 14(2) of Hindu Succession Act – Judicial Divergence – Referred to Larger Bench – Analysis of Precedents Required - Multiple judgments from different Benches, including two-judge and three-judge Bench decisions, present inconsistent interpretations of Section 14 – This has resulted in judicial conflict between principles of absolute ...
Narcotics Law – Freezing of Bank Accounts – Compliance with Statutory Procedure – The petitioner, a startup company, sought de-freezing of its bank accounts frozen by the NCB following a case against one of its directors for NDPS Act violations. The court found that the NCB did not comply with Section 68F of the NDPS Act, which mandates communication to and confirmation by the co...
Termination of Contractor License – Proportionality and Reasonableness – Writ Petition challenging the termination of a contractor’s license without a hearing and on grounds not related to the performance of contractual duties – High Court quashed the termination order, applying the principles of proportionality and Wednesbury reasonableness, highlighting the need for a rea...
Motor Vehicle Accident Compensation – Legal Representative – The appellant, a married sister of the deceased, sought enhanced compensation under Section 173(1) of the Motor Vehicles Act. The Court held that the definition of "legal representative" under Section 2(11) of CPC includes siblings, and therefore, the appellant, though not dependent on the deceased, is entitled to c...
Defamation Allegation on Online Platforms – Section 69A of the IT Act – Directions against Intermediaries Denied – Petition Dismissed – The petitioner sought the removal of a video on YouTube alleging it to be defamatory and contrary to the rights of the Marthoma community – Held: The content in question does not fall within the scope of Section 69A of the IT Act, whi...
Service Law - Pension Scheme – Switching Between DCRB and CPF Schemes – Rights under Clause 63(2) of DCRB Regulations – Employees who initially opted for the DCRB Scheme but later switched to the CPF Scheme can exercise their right to return to the DCRB Scheme under Clause 63(2), subject to refunding the employer’s share of provident fund and gratuity exceeding ₹70,000. D...
Delay and Laches – Petition Filed After 17 Years – Dismissal Justified - The Court observed that the petitioner failed to explain the delay of 17 years in filing the writ petition. No satisfactory explanation was provided for the long lapse between the impugned order and the filing of the PIL, making the petition liable for dismissal due to laches [Paras 21, 23].
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