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Supreme Court

Supreme Court Transfers Partition Suit to Bombay High Court for Clubbing with Testamentary Proceeding — Primacy of Probate Court in Will Validity Issues. Transfer Ordered to Avoid Inconsistent Findings as Common Assets Exist Between Partition Suit and Testamentary Petition Under Indian Succession Act, 1925.

18 Jun 2020

The petitioners, Shamita Singha and Masoom Singha, are daughters of Late Pawan Kumar Singha from his first marriage. They sought transfer of a suit fo...

Supreme Court

Supreme Court Sets Aside Revisional Order Passed Without Hearing Accused in Complaint Case — Right of Hearing Under Section 401(2) CrPC Upheld. The Court held that the accused is entitled to be heard in a revision against dismissal of complaint under Section 203 CrPC, and the revisional court cannot direct further inquiry without hearing the accused.

18 Jun 2020

The appellant, Subhash Sahebrao Deshmukh, was an accused in a complaint case filed by respondent no.1, Satish Atmaram Talekar, before the Special Metr...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Upholds Consumer Fora Orders for Compensation. Ownership of Vehicle Not Transferred Despite Sale Agreement; Insurer Liable to Pay Claim Amount with Interest.

18 Jun 2020

The Supreme Court allowed the appeal filed by Surendra Kumar Bhilawe against The New India Assurance Company Limited, setting aside the National Commi...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Over Unregistered Rent Note — Holds Monthly Tenancy Not Requiring Registration Under Section 17(1)(d) of Registration Act, 1908. The Court Remits Matter to Appellate Court to Determine Whether Tenant Defaulted in Payment of Rent and House Tax Under East Punjab Urban Rent Restriction Act, 1949.

17 Jun 2020

The appeal arose from a landlord-tenant dispute concerning a shop in Punjab. The appellant-landlord, Siri Chand (since deceased, represented by legal ...

Supreme Court

Supreme Court Allows Default Bail Under Section 167(2) CrPC Despite COVID-19 Pandemic — Order Dated 23.03.2020 Does Not Extend Period for Filing Charge Sheet. The right to default bail is indefeasible and cannot be frustrated by the prosecution's failure to file charge sheet within the statutory period.

16 Jun 2020

The appellant, S. Kasi, was arrested on 21.02.2020 in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) IPC. He was lod...

Supreme Court

Supreme Court Allows Appeal of Housewife Seeking Enhanced Compensation in Motor Accident Case Due to Underestimation of Disability. The Court restored the whole body disability to 32% as per medical evidence and enhanced compensation for loss of amenities.

16 Jun 2020

The appellant, a housewife, was injured in a motor accident on 25.12.2008 when a lorry dashed against the bus she was traveling in. She suffered nine ...

Supreme Court

Supreme Court Restores Tribunal's Compensation Award in Motor Accident Claim — Future Prospects at 30% for Deceased Aged 50 Years 3 Months in 40-50 Age Group. The Court held that future prospects should be based on age group, not exact age, and restored the Tribunal's award of Rs.65,60,347.20 under Section 166 of the Motor Vehicles Act, 1988.

12 Jun 2020

The case arises from a motor accident claim filed by the dependents of S.T. Devaraju, who died in a car accident on 16.07.2012. The deceased was a Com...

Supreme Court

Supreme Court Dismisses Petitions Seeking Parity in Sub-Inspector Selection. The Court held that the benefit granted to 133 candidates under Article 142 was not a precedent and cannot be claimed by others who failed or did not appear in the physical test.

11 Jun 2020

The judgment concerns a batch of writ petitions filed under Article 32 of the Constitution of India by candidates seeking appointment to the post of S...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Under Section 163A, Corrects Multiplier Error. No Fault Liability Provision Does Not Require Proof of Negligence; Multiplier Must Be Based on Victim's Age.

8 Jun 2020

The case arises from a motor accident claim filed by the mother of a 28-year-old deceased who was a pillion rider. The Motor Accident Claims Tribunal ...

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