Motor Vehicles Act : MACT Bar Association Challenges Removal Of No-Fault Liability, Introduction Of Limitation Period Etc; Bombay HC Seeks Centre's Response

A public interest litigation filed before the Bombay High Court has challenged recent amendment in the Motor Vehicles Act, 1988 (1988 Act) which removes the provisions of 'No fault liability', introduces limitation on making claims, and limits third party liability for insurance companies. A division bench led by Chief Justice Dipankar Datta on Thursday granted time to the...

Motor Accident Claims - Age Of Deceased And Not Of Dependents In Case Of Death Of A Bachelor Is Basis For Multiplier: Supreme Court

The Supreme Court held that the age of the deceased and not the age of the dependents in case of the death of a bachelor is to be the basis for multiplier. The order was passed by a bench comprising Justice Ravindra Bhat and Justice Sudhanshu Dhulia. The issue at hand concerned a High Court judgement which had reduced the compensation payable to the appellant(s)–claimants whose son had...

Whether Salary Paid On Secondment Of Employees Is A Taxable Service Under Finance Act?Supreme Court To Consider

The Supreme Court, recently, issued notice in a plea, to consider the limited issue, whether salary paid on secondment of employees is a taxable service under Section 65(105)(k) of the Finance Act, 1994. A Bench comprising Justices Sanjiv Khanna and J.K. Maheshwari directed the Registry to list and tag the plea with another petition titled Commissioner of Service Tax, Delhi-IV v. ...

In A Case Of Circumstantial Evidence, Heavy Duty Is Cast Upon The Prosecution To Prove Its Case Beyond Reasonable Doubt: Supreme Court

The Supreme Court, last Friday, reiterated that there's a very heavy duty cast upon the prosecution to prove its case beyond reasonable doubt while considering circumstantial evidence. Highlighting this, a Bench of Chief Justice UU Lalit, Justices S Ravindra Bhat and Sudhanshu Dhulia observed, "In a case of circumstantial evidence, the Court has to scrutinize each and...

Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index- September 2022 (Citations 727 - 814)

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...

Scheduled Caste Status For Converted Dalits : Centre Constitutes Commission To Examine The Issue

Through a notification dated 6th October 2022, the Centre has appointed a Commission headed by former Chief Justice of India KG Balakrishnan to examine the matter of according Scheduled Caste status to new persons who claim to have historically belonged to the Scheduled Castes, but have converted to a religion other than those mentioned in the Presidential Orders under Article 341 of the...

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LiveLaw Is India's No-1 Legal News Portal, committed to provide authentic and accurate information about legal developments in india. We have reached this position by upholding the core principles of good journalism- fact based and non- sensational.Livelaw is guided by the values built in the Preamble of the Constitution of India.Live Law began its journey in 2013 with the mission of...

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court

The Supreme Court of India recently urged to take a view that advances the cause of justice rather than a technical view while dealing with matters on payment of compensation to land losers.Land Loser means a person whose land has been acquired by the Government for public interest and who possesses a proper certificate. In this regard, a Bench of Justices Dinesh Maheshwari and Sudhanshu...

Chief Examination & Cross-Examination Of Witness Must Be Recorded On The Same Day Or Following Day : Supreme Court

The Supreme Court has reiterated that the chief examination and cross-examination of a witness must be recorded on the same day or the following day. There should be no ground for adjournment in recording the examination-in-chief/cross-examination of the witnesses.A bench comprising Justices Ajay Rastogi and CT Ravikumar made these observations while considering a special leave...

Supreme Court Weekly Digest With Nominal and Subject/Statute Wise Index [September 26, 2022 – October 2, 2022]

Administrative Law - Doctrine of "unreasonableness" - It is the intention of a legislature, when using statutory language that confers broad choices on the administrative agencies, that courts should not lightly interfere with such decisions, and should give considerable respect to the decision-makers when reviewing the manner in which discretion was exercised. However, discretion must...

Union Law Minister Kiren Rijiju Writes To CJI UU Lalit Requesting Him To Recommend His Successor

The Union Law Minister Kiren Rijiju has written a letter to the current Chief Justice of India UU Lalit requesting him to name his successor in office. CJI Lalit is set to retire on November 8. The letter has been written as per the MoP on the appointment of the Chief Justice of India and Supreme Court Judges.As per the MoP on appointment of Chief Justice of India and Supreme Court Judges,...

Maharashtra Govt NOC Not Required To Transfer Flats Built On Land Leased To Builder : Supreme Court Sustains Relief Granted To Sr Adv Aspi Chinoy

The Supreme Court, last week, sustained the relief granted by the Bombay High Court to Senior Advocate Aspi Chinoy and few others by holding that the Maharashtra Government cannot insist on NOC for registering the subsequent transfer of flats built on a land leased to a developer.The Court clarified that the State government is not entitled to a premium when the land is not allotted to...