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Insurers Can't Repudiate Contract If Exclusion Clauses Are Not Disclosed To Insured As Per IRDA Regulations : Supreme Court
The Supreme Court, on Wednesday, cautioned all insurance companies that if they do not mandatorily comply with Clause (3) and (4) of the Regulatory and Development Authority (Protection of Policy Holder's Interests, Regulation 2002) Act (IRDA Regulation, 2002) then their right to repudiate insurance contract taking recourse to any terms and conditions, including the exclusion clauses,...
Method To Determine Compensation For Use & Occupation Of Tenancy Premises By A Tenant Who Suffered Eviction Decree : Supreme Court Explains
The Supreme Court, in a judgment delivered on Wednesday (9 Nov 2022), explained the method to determine the compensation for use and occupation of the tenancy premises by a tenant who suffered an eviction decree.From the date of the decree of eviction, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would...
"You Think It Is Going To Stop?" : Supreme Court Refuses Urgent Listing For PIL To Ban Stubble Burning
The Supreme Court, on Thursday, refused to grant urgent listing to a petition seeking directions to stop stubble burning in neighbouring states to control the air pollution in Delhi. Advocate Shashank Shekhar Jha mentioned the matter before a Bench comprising CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala. As the matter was mentioned, CJI asked the Counsel, "So...
CJI Chandrachud Issues Directions To Registry For Giving Automatic Dates & Listing For Fresh Matters Filed
Newly sworn-in Chief Justice of India Justice DY Chandrachud on Thursday said that he has issued directions to the Registrar Listing for automatic listing of freshly filed cases on specified dates."I have given instructions to the Registrar(listing), that all matters which are registered by Monday, Tuesday, and Wednesday to be listed by the following Monday. All matters which are registered...
Supreme Court Agrees To Hear Gyanvapi Masjid Case Tomorrow At 3 PM
The Supreme Court on Thursday agreed to hear the Gyanvapi masjid case tomorrow at 3 PM. Chief Justice of India DY Chandrachud agreed to constitute the bench tomorrow after an urgent mentioning of the case was made by Advocate Vishnu Shankar Jain on behalf of the Hindu plaintiffs.Jain submitted that the interim order passed by the Supreme Court on May 17 for the protection of the...
Specific Performance Suit -Trial Court Should Frame Specific Issue On Readiness & Willingness : Supreme Court
The Supreme Court observed that a specific issue on readiness and willingness on the part of the plaintiff must be framed by the trial court in a suit for specific performance.The object and purpose of framing the issue is so that the parties to the suit can lead the specific evidence on the same, the bench of Justices MR Shah and MM Sundresh observed.Under the agreement to sell, a sum of Rs....
Can Provisional Attachment Under PMLA Be Passed After Initiation Of CIRP Under IBC? Supreme Court To Consider
The Supreme Court Bench comprising of Chief Justice U.U. Lalit and Justice Bela M. Trivedi, while adjudicating a Special Leave Petition filed in Ashok Kumar Sarawagi v Enforcement Directorate & Anr., has issued notice in a petition where it is to be decided whether an order of provisional attachment passed under Prevention of Money Laundering Act, 2002 ("PMLA") would prevail...
Purpose Of Land Acquisition Also A Relevant Factor For Determining Market Value : Supreme Court
The Supreme Court reiterated that the purpose for which the land acquisition is made is also a relevant factor for determining the market valueA large extent of land in Adrial Village of Manthani Mandal, Karimnagar District of Andhra Pradesh was acquired by the State Government for the benefit of Singareni Collieries Company Limited. Not satisfied with the compensation awarded by the...
GNCTD Officials Indifferent To Elected Govt, Skipping Meetings, Not Taking Ministers' Calls : Delhi Dy CM Tells Supreme Court
Deputy Chief Minister of the Delhi Government Manish Sisodia has filed an affidavit in the Supreme Court complaining of the "indifferent attitude" shown by senior civil servants to elected government.Since the control over the civil servants is exercised by the Union Government, they are not answerable to the Delhi Government, and this has jeopardised the administration, the Deputy CM said....
Protest Is A Tool In Hands Of Civil Society & Police Action Is A Tool In Hands Of Establishment: Supreme Court
Protest is a tool in the hands of the civil society and police action is a tool in the hands of the Establishment, the Supreme Court remarked in a recent judgment regarding a Kerala Panchayat election dispute.The bench of Justices S. Abdul Nazeer and V. Ramasubramanian observed thus while allowing appeal filed by an elected candidate whose election was declared void on the ground that he...
'Untouchability Not Prevalent In Christianity Or Islam' : Centre Opposes Plea Seeking Scheduled Caste Status For Converted Dalits
The Union Government has filed its Counter Affidavit in the Supreme Court opposing a petition which seeks Scheduled Caste status for Dalits who have converted to Christianity and Islam.The petitioner seeks a declaration that the Constitution (Scheduled Castes) Order 1950 is discriminatory and violative of Article 14 and 15 of the Constitution as it does not confer Scheduled Caste status...
