high court weekly round up

ALLAHABAD HIGH COURT

Legal profession not a commercial activity, chambers should not be charged commercial rate of electricity: Allahabad High Court

In a writ petition by Tehsil Bar Association (‘TBA') against UPPCL charging commercial rates of electricity from them, the division bench of Surya Prakash Kesarwani and Anish Kumar Gupta*, JJ. has held that the activities/profession of an Advocate is a not a commercial activity, attracting the commercial rate of electricity consumption as prescribed in rate schedule LMV-2, as applicable in the State of U.P. approved by the U.P. Electricity Regulatory Commission. The Rate Schedule LMV-2, which is applicable for the commercial activities, cannot be applied for the electricity supplied to the Lawyers Chambers. The Lawyers chambers / offices shall be charged only under LMV-1 Domestic category as the lawyers neither do any trade or business nor are involved in any commercial activity. Further, it held that the UP Power Corporation Limited (‘UPPCL') cannot discriminate between the electricity supply to the advocates' chambers in different court compounds, in the same State, where the rate schedules are approved by the same authority. Read more

ANDHRA PRADESH HIGH COURT

‘Quashing of charge memo cannot be in routine manner'; Andhra Pradesh HC directs State to take appropriate steps to serve charge memo to Former Forest Range Officer

In a case wherein, the writ petition was filed under Article 226 of Constitution to challenge the judgment and order dated 15-02-2017 passed by Andhra Pradesh Administrative Tribunal (‘Tribunal'), the Division Bench of Ravi Nath Tihari* and K. Manmadha Rao, JJ., quashed the impugned judgment and order of the Tribunal and directed the State to take appropriate steps to serve charge memo, duly framing the charge, giving the complete particulars of the alleged violations of G.O.Ms.No.91, dated 11-07-2006. Read More

BOMBAY HIGH COURT

Distant relatives having no ‘domestic relationship' roped to cause harassment and build pressure on husband; Bombay High Court invokes S. 482 CrPC to quash DV proceedings

An application was filed under Section 482 of the Code of Criminal Procedure seeking to quash proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 (‘DV Act'). R M Joshi, J., quashed the proceedings under Domestic Violence Act by exercising its inherent powers under Section 482 of Criminal Procedure Code. Read more

Bombay High Court decides deceased's first wife's entitlement after she was denied pension due to second wife

A petition was filed by the first wife of the deceased freedom fighter seeking the continuation of the pension of her deceased husband after the death of his second wife. A division bench of Ravindra Ghuge and Y G Khobragade, JJ., directed the respondents to ensure that the regular monthly pension shall be paid to the petitioner from the month of September, 2023 onwards on the normal date of depositing the pension amount in the bank account of the Petitioner considering that she is the legally wedded wife of the deceased freedom fighter and thus, entitled to pension rightfully. Read More

CALCUTTA HIGH COURT

Calcutta High Court dismisses premature writ petition challenging appointment of WBSCTVESD's Chief Administrative Officer

In a case where the petitioner filed a public interest writ petition to challenge the appointment of the Chief Administrative Officer, a Division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., rejected the same on the grounds of prematurity and the lack of prior exhaustion of available remedies. Read more

Calcutta High Court directs examination of safety measures to prevent entry of ragpickers into dumping yards

In a case related to safety concerns of ragpickers entering the dumping yard, a Division bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the respondent authorities to submit a comprehensive report outlining the measures that will be implemented to ensure the safety of ragpickers and prevent their unauthorized entry into the dumping yard. Read more

Calcutta High Court quashes criminal proceeding under Section 153-A of IPC in Dhulagarh Riots Coverage Case

A single-judge bench comprising of Bibhas Ranjan De,* J., held that the prosecution failed to present material showing intent to cause disorder or incite violence, therefore, any further proceeding would amount to abuse of court process and quashed the criminal proceeding against the petitioners. Read more

Calcutta High Court dismisses PIL alleging misappropriation of funds by Kharagpur Panchayat Samity's Executive Officer

In a public interest writ petition (PIL) related alleged misappropriation of funds by the Executive Officer of Kharagpur — II Panchayat Samity, a Division bench of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., disposed of the PIL with the direction to the District Magistrate to provide an appropriate reply to the petitioner in response to the petitioner's representation. Read More

Calcutta High Court dismisses PIL in alleged misuse of National Flag in election campaign

In a case related to printing of respondent's photograph on the national flag and using it for campaign purposes during the Panchayat elections, the division bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., observed that the FIR is registration on the alleged offence and the investigation is in progress, therefore the petitioner's grievance has already been addressed. The Court further emphasized the police's duty to carry out a thorough investigation and adhere to legal protocols. Read More

Mental Cruelty is subjective and varies from person to person; Calcutta High Court acquits accused in alleged domestic cruelty case

A single-judge bench comprising of Shampa Dutt (Paul),* J., held that the victim's claims lack substantial corroboration and the demand for dowry is not proven. The Court set aside the appellant's conviction under Section 498-A of the Penal Code, 1860 (IPC). “The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.” Read More

Compliance of Section 19 of MSMED Act is a pre-requisite for seeking Stay on Arbitral Award: Calcutta High Court

A single-judge bench comprising of Moushumi Bhattacharya,* J., held that compliance with Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is mandatory for seeking a stay of an award and dismissed the petitioner's application for stay on arbitral award.

“The petitioner must first comply with Section 19 of the MSMED Act to breathe life into the application.” Read More

‘Affected individuals should not lose pensionary benefits due to delay in appointment by authorities'; Calcutta High Court directs notional appointment

A single-judge bench comprising of Hiranmay Bhattacharyya, J., held that the delay in appointing the petitioner is solely attributable to the conduct of the respondent authorities and directed the authorities to consider the petitioner's claim for pensionary benefit, treating him notionally appointed on the date the decision was taken to forward his name for approval. Read more

Calcutta High Court warns disquiet litigant against misuse of Legal Process; imposes Rs. 5 Lakh cost

A Division bench comprising of Harish Tandon and Prasenjit Biswas, JJ., while emphasizing that allegations of fraud should be made with clarity and precision, dismissed the appellant's application for recall of Order based on alleged fraud played on the Court. The Court further discouraged the misuse of the legal process and imposed costs of Rs. 5,00,000/- on the applicants for filing a frivolous application. Read More

Raids by officials of Eastern Coalfields not illegal: Calcutta High Court

In a case related to allegation of terror activities and illegal mining within the Eastern Coalfield area under Salanpur Police Station, District Burdwan, a single-judge bench comprising of Bibhas Ranjan De,* J., held that raids conducted by the officials of Eastern Coalfield Ltd. was by virtue of repeated directions of the High Court, therefore the same cannot be held as illegal. Read More

Calcutta High Court rejects plea challenging Minimum Wage Advisory for Tea plantations in West Bengal

A single bench comprising of Raja Basu Chowdhury* J., held that the petitioners have willingly acquiesced to the Government's decision regarding wage enhancements, and having done so, they cannot now be allowed to challenge the action taken by the State or question the authority of the Government to issue the Advisory. Read More

Tax Recovery| Purchasing dealer cannot be denied Input Tax Credit for selling dealer's failure to deposit tax: Calcutta High Court

While deciding an appeal challenging the reversal of input tax credit (ITC) availed under the West Bengal Goods and Services Tax Act, 2017 (WBGST Act), a Division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., set aside the order passed by the Assistant Commissioner of State Tax and the directed the relevant authorities to prioritize taking action against the supplier. The Court further specified that any action against the appellants would only be permissible under extraordinary circumstances as outlined in the press release released by the Central Board of Indirect Taxes and Customs (CBIC). Read More

DELHI HIGH COURT

Revocation Petition under Section 64 of Patents Act is not a suit within the meaning of Section 10 of CPC: Delhi High Court

In a case wherein, the application was filed by Boehringer Ingelheim International GmbH (Respondent 2) under Section 10 of Civil Procedure Code, 1908 (‘CPC') seeking stay of proceedings in the present revocation petition, filed by the petitioners under Section 64 of the Patents Act, 1970 (‘Patents Act'), C. Hari Shankar, J.*, held that it could not be said that, even on merits, any case existed for staying the present revocation petition and accordingly, dismissed the application. Read More

POCSO| Delhi High Court dismisses petition to recall 7-year-old victim for cross examination; says repeated opportunities do not necessarily indicate fair trial

In a case wherein, the petition was filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC') to quash the order passed by Additional Sessions Judge, Protection of Children from Sexual Offences, Delhi, Swarana Kanta Sharma, J.*, opined that victim and her mother could not be recalled to relive the entire trauma only because the new counsel was dissatisfied with the elaborate cross-examination of these witnesses and accordingly dismissed the petition and directed the Trial Court to ensure that the trial is concluded expeditiously in the present case. Read More

“Unproven Extra-Marital Affair allegations do not constitute cruelty”; Delhi High Court sets aside Divorce Order

In an appeal filed by the appellant-wife challenging the judgment passed by the Family Court that allowed the petition seeking dissolution of marriage and thereby granted divorce on grounds of cruelty, a division bench of Sanjeev Sachdeva and Manoj Jain, JJ., sets aside the impugned order as the allegations of cruelty leveled by the husband remained unproven during proceedings and this by no stretch of imagination amounts to cruelty. The Family Court held that allegations such as the husband being in an illicit relationship and that he had attempted to kill her are ‘not proved', therefore, such unproven allegations were sufficient to cause mental cruelty. Read more

Delhi HC directs Goldmines Telefilms to not upload audio-visual songs from 14 movies in copyright infringement case by Super Cassettes Industries

In a case wherein the suit was filed by Super Cassettes Industries (P) Ltd. in respect of exploitation of the audio-visual songs from fourteen movies by Goldmines Telefilms (P) Ltd., Prathiba M. Singh, J., opined that considering the nature of the disputes raised, in the meantime, the defendant should not upload any further additional audio or audio-visual works from the suit films, apart from those which had already been uploaded on YouTube, till the next date of hearing. Read More

Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail

In a case that highlighted negligence on the part of medical authorities to conduct timely medical termination of pregnancy of a 16-year-old prosecuterix, resulting in loss of crucial piece of evidence i.e., preservation of fetus which plays a major role in sexual assault investigations, Swarana Kanta Sharma, J., laid down directions relating to the care and caution to be exercised by the doctors as well as the investigating authorities ensuring timely medical procedures considering the potential risks to the sexual assault survivors and thorough investigation. Read More

Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court

In a case wherein applications were filed by Respondent 2, to seek the transfer of revocation petitions and consolidation of these petitions with infringement suits pending before the Himachal Pradesh High Court, Pratibha M. Singh, J.*, opined that the power of transfer between two High Courts, could only be exercised in terms of Section 25 of Civil Procedure Code, 1908 (‘CPC'), exclusively by the Supreme Court and since, neither of the parties had sought the transfer of these petitions by filing any transfer petition before the Supreme Court, the applications were misconceived and thus, the Court dismissed the petition. Read More

[Right to Health] Delhi High Court issues directions to ensure mental and emotional health of prisoners

A petition was filed under Article 226 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC') seeking quashing of order dated 18-01-2023 passed by the respondent rejecting the application of the petitioner seeking parole, and further seeking direction to the respondent to release the petitioner on parole for a period of 08-weeks for engaging a counsel of his own choice for filing Special Leave Petition (‘SLP') before the Supreme Court. Swarana Kanta Sharma, J., issued directions regarding mental and emotional health of prisoners who have been incarcerated for long periods. The Court also directed that the petitioner be permitted to meet a private counsel of his choice either through jail meeting/mulakat or through video conferencing for the purpose of filing Special Leave Petition. Read More

[Glucon-D v Gluco-D] Delhi High Court restrains Cipla from using GLUCO-C and GLUCO-D for its energy drinks

A plaint was filed by Zydus Wellness Products Ltd (plaintiff) challenging products of Cipla Healthcare Ltd (Cipla) (defendant) alleging the defendant's marks ‘GLUCO-C' and ‘GLUCO-D' are deceptively similar to the plaintiff registered trade marks ‘GLUCON-C' and ‘GLUCON-D'. C Hari Shankar, J., held that the defendants marks Prolyte Gluco-C ++ and Prolyte Gluco D ++ infringe the plaintiff registered marks GLUCON-C and GLUCON-D, especially as they are used for identical products. Read More

Superior court's reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates

In a case wherein a review petition was filed by the respondent seeking review of the order dated 20-03-2023 passed by this Court, whereby the petition filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act') was allowed, Sachin Datta, J.*, opined that in certain situations, it might be expedient to leave it to the arbitrator to determine the issue as to whether stamping was insufficient, and if so, the arbitrator would take recourse to Section 33 of the Stamp Act, 1889 (‘Stamp Act'). The Court observed that a review was even otherwise precluded in terms of the Explanation to Order XLVII Rule 1 of the Civil Procedure Code, 1908 (‘CPC'), which stated that where any question of law on which the judgment of the Court was based, had been reversed or modified by a subsequent decision of a superior Court in any other case, the same shall not be a ground for the review of such judgment. Thus, the Court dismissed the review petition and held that the applicant had failed to make out any case of review of the judgment/order dated 20-03-2023. Read More

Delhi High Court | Courts must prioritise purpose of a statute over technicalities while deciding condonation of delay applications

A petition was filed by District Magistrate, West District (petitioner) under Section 482 Criminal Procedure Code (CrPC) seeking to set aside an order dated 09-10-2019 passed by Additional Sessions Judge, Tis Hazari Court, New Delhi dismissing the revision petition on the grounds of an unexplained delay of 28-days. Swarana Kanta Sharma, J., condoned the delay of 28 days in filing the revision petition before the Revisionist Court and remanded the matter back to the revision court to decide the case, on merits, as per law because in cases where the larger interest of the society is involved, denying trial of the case by dismissing an application for condonation of delay of 28 days will result in a miscarriage of justice as the crime alleged is an offence against society. Read More

Delhi High Court grants injunction against WOW MOMO from using WOW CHINA BISTRO marks

The plaintiff filed a suit alleging infringement by WOW Momo Foods Limited (defendant) of its registered trade mark ‘CHINA BISTRO' by adding the word ‘BISTRO' under ‘WOW CHINA'. C. Hari Shankar, J., held that the defendant, as well as all others acting on its behalf, shall stand injuncted from using the mark/name or ‘WOW CHINA BISTRO' as a trademark, label, device, trading style, trade name, logo, keyword, meta tag, domain name, or in any other manner, identical or deceptively similar to the Plaintiff's mark ‘CHINA BISTRO' till further orders to be passed in the suit. The Court clarified, however, that the defendant would be entitled to use WOW! CHINA and there is no interdiction in that regard. Read More

‘Policy framed by the Government is in national interest'; Delhi High Court dismisses plea against conversion of Ordnance Factory Board into Corporations

In a case wherein the petitioner, Bharatiya Pratiraksha Mazdoor Sangh (‘BPMS') had filed a Public Interest Litigation stating that the notification issued on 01-10-2021 (‘impugned notification'), whereby seven Major Corporations had been established in place of Ordnance Factory Board (‘OFB') regarding corporatization, was passed without considering the views of the workers who were one of the main stakeholders/sufferers in the corporatization process, the Division Bench of Satish Chandra Sharma, C.J.*, and Sanjeev Narula, J., opined that corporatization of the OFB, in no way, was violating or infringing the constitutional rights guaranteed to the citizens and the policy decision had been taken in larger public interest and in the interest of the nation to strengthen the defence production in the country ensuring quality products and a regular supply of arms and ammunitions to the Armed Forces. The Court did not find any reason to interfere with the policy decision of the Government, especially when the interests of the employees had already been protected. Read More

[WhiteHat Jr v. Whitehat Sr] Delhi High Court grants permanent injunction to Whitehat Education Technology for its marks ‘WhiteHat Jr', ‘W'; awards Rs. 9 lakhs costs

In a case wherein, Whitehat Education Technology Pvt. Ltd., the plaintiff had filed a suit to grant permanent injunction against defendant's marks and logoswhitehat sr,whitehat Pratibha M. Singh, J.*, granted permanent injunction to the plaintiff, thereby restraining the defendant from using the mark ‘WHITEHAT SR' and logos , or any mark or name which was either identical or deceptively similar variant of the plaintiff's trade mark and trade name. Read more

HIMACHAL PRADESH HIGH COURT

In a case wherein, an appeal was filed by the applicants under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (‘A&C Act, 1996') against the judgment passed by the District Judge, Jyotsna Rewal Dua, J.*, opined that the consent of the parties under Section 29-A(3) of the Arbitration and Conciliation (Amendment) Act, 2015 (‘A&C (Amendment) Act, 2015'), for extending the arbitral period need not necessarily be either express or in writing and thus, the Court remanded the matter back to the District Judge, Mandi for afresh consideration. Read more

JAMMU AND KASHMIR AND LADAKH HIGH COURT

What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers

While deliberating over the instant appeal filed by the erstwhile State of Jammu and Kashmir challenging the acquittal of accused persons by Additional Sessions Judge, Udhampur; the Division Bench of Sanjeev Kumar and Javed Iqbal Wani*, JJ., analysed the circumstantial evidence presented by the prosecution and pointed out that motive assumes great importance in case based on circumstantial evidence. In absence of a motive, it would be difficult to complete the chain of events in order to prove the guilt of the accused. Based on this assessment and scrutiny of the circumstantial evidence, the Court was of the view that the prosecution was not able to lead evidence of definite character to bring home the case, the respondents had been implicated in and that the trial Court had no option other than recording acquittal of the respondents. Read More

KARNATAKA HIGH COURT

Insulting husband over dark complexion and levelling false allegations to cover up the same, constitutes cruelty: Karnataka HC

While deciding the instant appeal wherein a husband had challenged the dismissal of his petition seeking dissolution of his marriage on the ground that he was allegedly being humiliated by his wife due to being dark-skinned; the Division Bench of Alok Aradhe and Anant Ramanath Hegde*, JJ., set aside the impugned judgment of the Family Court dismissing the husband's petition and held that the evidence presented by the husband sufficiently established the wife used to insult him on the premise that he is dark-complexioned; and for the same reason she moved away from the company of the husband without any cause, and to cover up this aspect, had levelled false allegations of illicit relationships against the husband. The Court was of the view that these facts certainly constituted cruelty. Read More

KERALA HIGH COURT

“Issue an order to regulate sex-selective surgeries on infants and children within 3 months”; Kerala High Court to government

In a petition brought by parents of a child born with ambiguous genitalia seeking permission to conduct genital reconstructive surgery for raising the child as a female, V.G. Arun, J. opined that permission for conducting genital reconstructive surgery without child's consent would impinge the rights guaranteed under Articles 14, 19 and 21 of the Constitution of India violating the child's dignity and privacy and directed the State government to issue an order for regulation of sex-selective surgeries on infants and children. Read More

Sexual harassment victims under POCSO Act covered under Kerala Victim Compensation Scheme, 2017: Kerala High Court

In a petition challenging order for grant of compensation to victims of ‘sexual harassment' passed by Special Court on the ground that the same was not included as an injury in the Schedule to Kerala Victim Compensation Scheme, 2017, Dr. Justice Kauser Edappagath, J. held that victims of sexual harassment were entitled to compensation while explaining the details of why and how compensation for victims was introduced. Read More

MADHYA PRADESH HIGH COURT

Madhya Pradesh High Court grants Bail on merit and willingness to serve social cause

A single-judge bench comprising of Anand Pathak,* J., granted the bail to the applicant who showed willingness to undertake social causes on the merit, not solely due to the intent to serve social causes. Read More

Rape and murder of 4-year-old girl child: Madhya Pradesh High Court commutes death sentence to life sentence without remission

While deciding a case pertaining to the disposal of death reference and a criminal appeal against the conviction and sentencing of the appellant for committing heinous crimes against a 4 year old girl child, a single-judge bench comprising of Vishal Mishra,* J., upheld that the Trial Court's decision and commuted the appellant's death sentences to life imprisonment without the possibility of remission. The Court held that the accused was guilty of the offenses charged, including rape and murder and the conviction was based on a combination of circumstantial evidence, including the disclosure statement, DNA analysis, and medical findings. Read More

MADRAS HIGH COURT

Madras HC requests CBI to investigate against Pondicherry University professor and others for misappropriation of funds

In a criminal original petition filed under Section 482 of the Code of Criminal procedure, 1973 (‘CrPC') to direct the respondent/police to register a case based upon the petitioner's complaint dated 04-02-2022, G. Jayachandran, J. has asked Central Bureau of Investigation(‘CBI') to register the complaint and proceed with the investigation. Read more

Madras HC directs State to restore display board prohibiting Non-Hindus from entering Dhandayuthapani Swamy Temple

In a writ petition filed by the organizer of Palani Hill Temple Devotees Organization, praying to direct the State to permit only Hindus to the Hill Temple Premises and its sub temples and consequently directing the executive officer of Arulmighu Palani Dhandayuthapani Swamy temple to display boards to that effect in all entrances, S. Srimathy,J. ordered an interim status quo ante in the temple by directing the State to restore the display board stating that non-Hindus are not allowed in the temple. Further, directed the State to file counter. Read More

Explained | Madras High Court verdict on payment of stipend to PG students by medical colleges

In a writ petition filed by post-Graduate students of the Mahatma Gandhi Medical College and Research Institute and Aarupadai Veedu Medical College & Hospital for non-payment of stipend for the academic years from 2017-18 to 2019-20, the division bench of Sanjay V. Gangapurwala and P. D. Audikesavalu, JJ has directed the Colleges to pay the amount of stipend to the students within a period of six weeks from the date of this order in terms of Regulation 13.3 of the Medical Council of India, Post-Graduate Medical Education Regulations, 2000. Further, said that Colleges are duty-bound and have legal obligation to pay stipend to the students and cannot deny the same on the ground of equitable set-off, even when the amount that is sought to be claimed by the Colleges is not yet ascertained. Read More

MEGHALAYA HIGH COURT

‘Inculcate a culture of better treatment of animals, even if they are bred to be culled': Meghalaya HC

In a Public Interest Litigation (‘PIL') pertaining to the enforcement of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 (‘the Rules') in the State of Meghalaya, the Division Bench of Sanjib Banerjee, C.J. and B. Bhattacharjee, J. directed the State to indicate the measures taken for setting up local bodies in terms of the said Rules. Read more

PUNJAB AND HARYANA HIGH COURT

Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law'

In a petition filed under Article 226 of Constitution of India seeking issuance of writ of habeas corpus for release of the detenu, the petitioner's father-in-law, from the illegal custody of his daughter, Anoop Chitkara, J. juxtaposed the relationship of a father with his daughter and daughter-in-law, and allowed the petitioner to meet her father-in-law once a week, while restricting her from forcing anyone for such meeting in case the father-in-law refuses to meet her. Read More

Explained | Why Punjab and Haryana High Court halted Nuh demolition drive

After news of demolition drive did some rounds across various media platforms, the Bench of G.S. Sandhawalia and Harpreet Kaur Jeewan, JJ. particularly cited ‘Times of India' and ‘The Indian Express' reporting demolitions being carried out in Nuh and Gurugram, took suo motu cognizance of the matter and ordered the State to stop any action of demolition being carried out without following the procedure as per law. Read More

RAJASTHAN HIGH COURT

Rajasthan High Court| Vehicle driven by deceased in course of employment to be compensated by Insurance company only under Workmen Compensation Act, 1923

In a case wherein the appellant had filed an appeal under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act') to set aside of award dated 22-05-2001 passed by Motor Accident Claims Tribunal (‘the Tribunal') Beawar, Ajmer, by which a direction had been issued to the appellant to pay compensation of Rs. 4,38,000 with interest at rate 9% per annum to the claimants-respondents from the date of filing the claim petition, Anoop Kumar Dhand, J., directed the Tribunal to recalculate the amount of compensation as per the provisions of Workmen Compensation Act, 1923 (‘WC Act'). The Court held that the liability of the appellant would be restricted to that arising under the WC Act and Respondent 5, the owner would be liable to satisfy the remaining part of the award. Read More

Must Watch

maintenance to second wife

bail in false pretext of marriage

right to procreate of convict

Criminology, Penology and Victimology book release

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.