Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High Court

(1) INDERJEET KAUR ........ Vs. NIRPAL SINGH ........Respondent D.D 15/12/2000

Facts:The landlord (Nirpal Singh) filed an eviction petition against the tenant (Inderjeet Kaur) under Clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act, 1958, claiming that he needed the premises for his residence and for the residence of his family members dependent on him.The tenant filed an application supported by an affidavit seeking leave to contest the eviction appli...

REPORTABLE # C.A. NO. 7385 OF 2000 ARISING OUT OF S.L.P. (C) NO. 554 OF 2000 Docid 2000 LEJ Civil SC 384607

(2) IN RE: S.K. SUNDARAM Vs. UOI ........Responden D.D 15/12/2000

Facts:S.K. Sundaram, Advocate, sent a telegraphic communication to Dr. Justice A.S. Anand, the Chief Justice of India, on 3.11.2000, demanding his resignation from the office.Within three days, Sundaram filed a criminal complaint in which he accused the Chief Justice of India of usurping the office, traveling abroad, making appointments, and causing financial losses.The Supreme Court took suo motu...

REPORTABLE # SUO MOTU CONT.P. (CRIMINAL) NO. 5 OF 2000 Docid 2000 LEJ Crim SC 928037

(3) KARNATAKA POWER TRANSMISSION CORPORATION LTD. AND ANOTHER ........ Vs. THE AMALGAMATED ELECTRICITY CO. LTD. AND OTHERS ........Respondent D.D 15/12/2000

Facts:The dispute originated in 1971 when there were labor issues between the workers and the Amalgamated Electricity Co. Ltd.An Industrial Tribunal passed an award in 1987, concluding that there was no lockout as claimed by the workers.In 1974, the management of Amalgamated Electricity Company Ltd. was taken over by the Karnataka Electricity Board, including its assets and liabilities.In 1991, a ...

REPORTABLE # C.A. NO'S. 1808-1810 OF 2000 Docid 2000 LEJ Civil SC 473374

(4) PURAN CHAND (D) THROUGH LRS. AND OTHERS ........ Vs. KIRPAL SINGH (D) AND OTHERS ........Respondent D.D 15/12/2000

Facts:The dispute involves agricultural land in Patiala district, initially owned by Raunaq Ram and later mortgaged to Amar Singh, who subsequently sold his interest to Labhu Ram.Labhu Ram, as the mortgagee, created a tenancy on the land by inducting Bir Singh as a tenant.After Labhu Ram's death, his son Sat Pal inherited the mortgage rights and later transferred them to respondents 1 and 2.B...

REPORTABLE # C.A. NO. 8395 OF 1983 Docid 2000 LEJ Civil SC 255420

(5) RAJASTHAN HIGH COURT ADVOCATES ASSOCIATION ........ Vs. UNION OF INDIA AND OTHERS ........Respondent D.D 15/12/2000

Facts: The case involves the establishment of a permanent Bench of the Rajasthan High Court at Jaipur following the creation of the State of Rajasthan in 1956. Various orders were issued, including one by the Chief Justice, defining territorial jurisdiction between the principal seat in Jodhpur and the permanent Bench in Jaipur. The challenge in this case focused on the validity of these orders an...

REPORTABLE # C.A. NO. 16698 OF 1996 Docid 2000 LEJ Civil SC 239851

(6) ORIENTAL INSURANCE CO. LTD. ........ Vs. CHERUVAKKARA NAFEESSU AND OTHERS ........Respondent Sections, Acts, Rules, and Articles Mentioned: Section 95(1)(b), Section 96: Motor Vehicles Act, 1939 Section 174: Motor Vehicles Act, 1988 Subject: The extent of liability of an insurance company towards third parties under Section 95(1)(b) of the Motor Vehicles Act, 1939, and the rights of the insurance company in case of payment exceeding the limits of liability under the insurance policy. Headnotes: Facts: The case involves a claim petition filed by the legal heirs of C. Abdul Shukkoor, who died in a road accident. The accident was caused by an auto-rickshaw insured with the appellant insurance company. The claimants sought compensation of Rs. 2 lakhs, while the insurance company argued that its liability was limited to Rs. 50,000 under the insurance policy. Issues: What is the extent of liability of an insurance company under Section 95(1)(b) of the Motor Vehicles Act, 1939? What are the rights of the insurance company if it is required to pay an amount exceeding the policy's liability limit? Held: The insurance policy in this case had a limit of liability of Rs. 50,000 for each claim. However, the policy included an avoidance clause that did not affect the rights of third parties to recover under Section 96 of the Act. The court held that the conditions in the insurance policy were effective only between the insured and the insurance company. Third parties' rights to recover under Section 96 of the Act were not affected by these conditions. The court allowed the appeal and held that the insurance company was liable to pay the entire award amount to the claimants. However, the insurance company had the right to recover the excess amount paid from the insured through execution of the award under Section 174 of the Motor Vehicles Act, 1988. Referred Cases: Amrit Lal Sood and Another Vs. Smt. Kaushalya Devi Thapar and Others, (1998) 1 ACC 332 : (1998) ACJ 531 : (1998) 4 AD 23 : AIR 1998 SC 1433 : (1998) 92 CompCas 305 : (1998) 2 JT 484 : (1998) 119 PLR 665 : (1998) 2 SCALE 344 : (1998) 3 SCC 744 : (1998) 2 SCR 284 : (1998) AIRSCW 1327 : (1998) 3 Supreme 10 New Asiatic Insurance Co. Ltd. Vs. Pessumal Dhanamal Aswani and Others, AIR 1964 SC 1736 : (1964) 7 SCR 867 New India Assurance Co. Ltd. Vs. Smt. Shanti Bai and others, (1995) 1 ACC 667 : (1995) ACJ 470 : AIR 1995 SC 1113 : (1995) 83 CompLJ 71 : (1991) 3 Crimes 418 : (1995) 2 JT 95 : (1995) 110 PLR 102 : (1995) 1 SCALE 472 : (1995) 2 SCC 539 : (1995) 1 SCR 871 : (1995) 1 UJ 482 National Insurance Co. Ltd., New Delhi Vs. Jugal Kishore and Others, (1988) 1 ACC 327 : (1988) ACJ 270 : AIR 1988 SC 719 : (1988) 63 CompCas 847 : (1988) 1 JT 265 : (1988) 94 PLR 128 : (1988) 1 SCALE 268 : (1988) 1 SCC 626 : (1988) 2 SCR 910 JUDGMENT R.P. Sethi, J. —Leave granted. 2. What is the extent of liability of an insurance company towards the third party as per Section 95(1)(b) of Motor Vehicles Act, 1939 (hereinafter called "the Act") and what are its rights in case of payment of an amount in excess of the limits of the liability under the insurance policy vis-a-vis the insured, are the questions to be determined in this appeal. It has been argued on behalf of the insurance company that under the terms of the insurance policy in the instant case, the company was not liable to pay more than Rs. 50,000/-, being the limit of its liability. The excess amount of the Award was to be paid by the insured for which the Tribunal was not competent to issue directions against the appellant-company. On the other hand Counsel for the insured has submitted that as per avoidance clause in the insurance company, the appellant-company was liable to indemnify the whole extent of liability towards the claim notwithstanding the limit of liability of the insurance. 3. In this case the claim petition was filed by the legal heirs of C. Abdul Shukkoor, who died in a road accident on 6.7.1988. The accident was caused by an auto-rickshaw bearing Registration No.KRN 1859 which was insured with the appellant-company. The respondents claimed Rs. 2 lakes as compensation. The appellant-company filed their reply specifically standing therein that their liability was limited to Rs. 50,000/- under the policy of insurance. The Claims Tribunal passed an award of Rs. 1,94,150/- and fastened the entire liability on the appellant-company. The appeal filed against the order of the Claims Tribunal was dismissed vide the judgment impugned in this appeal. 4. Admittedly, the insurance policy, in this case is of a date prior to the coming into force of the new Motor Vehicles Act on 1.7.1989. The liability of the insurance company to satisfy judgments against persons insured in respect of the third party risk is covered u/s 96 of the Act, Sub-section (1) of which provides: 96. Duty of insurers to satisfy judgments against persons insured in respect of third party risks (1) if, after a certificate of insurance has been issued under Sub-section (4) of Section 95 in favour of the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under Clause (b) of Sub-section (1) of Section 95(being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this D.D 14/12/2000

Facts:The case involves a claim petition filed by the legal heirs of C. Abdul Shukkoor, who died in a road accident.The accident was caused by an auto-rickshaw insured with the appellant insurance company.The claimants sought compensation of Rs. 2 lakhs, while the insurance company argued that its liability was limited to Rs. 50,000 under the insurance policy.Issues:What is the extent of liability...

REPORTABLE # C.A. NO. 7359 OF 2000 ARISING OUT OF SLP (C) NO. 7099 OF 2000 Docid 2000 LEJ Civil SC 887887

(7) HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. ........ Vs. M.C.D. AND ANOTHER ........Respondent D.D 13/12/2000

Facts: This case pertains to Civil Appeal No. 6645 of 1999 in the Supreme Court of India. The appellant, Housing and Urban Development Corporation Ltd., filed the appeal against the Municipal Corporation of Delhi (M.C.D.) and another party. The appeal was heard by a bench consisting of U. C. Banerjee, J; Brijesh Kumar, J; B. N. Kirpal, J. After considering arguments from both sides, the court foun...

REPORTABLE # CIVIL APPEAL NO. 6645 OF 1999 HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. ........ Docid 2000 LEJ Civil SC 755707

(8) LIFE INSURANCE CORPORATION OF INDIA AND OTHERS ........ Vs. SMT. ASHA GOEL AND ANOTHER ........Respondent D.D 13/12/2000

Facts:Late Naval Kishore Goel, a policyholder, had a life insurance policy with Life Insurance Corporation of India (LIC). After his demise, his wife, Smt. Asha Goel, filed a claim under the policy. LIC refused the claim, alleging that Naval Kishore Goel had provided false information about his health when taking out the policy.Issues:Whether the High Court had jurisdiction under Article 226 of th...

REPORTABLE # C.A. NO'S. 4186-87 OF 1988 LIFE INSURANCE CORPORATION OF INDIA AND OTHERS ........ Docid 2000 LEJ Civil SC 289876

(9) THE STATE OF BIHAR ........ Vs. CHANDRA BHUSHAN SINGH AND OTHERS ........Respondent D.D 13/12/2000

Facts:The case involves railway employees caught unlawfully carrying away Railway Cement for sale.Offenses under the Railway Property (Unlawful Possession) Act, 1966, were established against the accused.An inquiry report (complaint) under the Act was filed by an officer of the Railway Protection Force (RPF) in the court of a Judicial Magistrate.The accused argued that the RPF officer was not a &q...

REPORTABLE # CRIMINAL APPEAL NO'S. 1111-1112 OF 2000 ARISING OUT OF SLP (CRIMINAL) NO'S. 2221-2222 OF 2000 Docid 2000 LEJ Crim SC 712825