liability

Case BriefsHigh Courts

All HC | What’s the purpose of keeping money in FD where claimant is unable to see colour of compensation?: HC directs Tribunal to disburse entire claim amount to claimant’s account

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., allowed the appeal of the claimants in

Case BriefsForeign Courts

Singapore HC | While deciding Contributory Negligence, Court discusses two significant factors: Causative Potency and Blameworthiness || Detailed Report discussing importance of ‘Right of Way’

High Court of Republic of Singapore, General Division: Aedit Abdullah, J., while addressing the matter on contributory negligence, observed that: Having the

Case BriefsHigh Courts

Madras HC | If wife issues a cheque to discharge husband’s liability and it gets dishonoured, can the wife be prosecuted under S. 138 NI Act? HC answers

Madras High Court: P.N. Prakash, J., decided a criminal original petition addressing an issue with regard to an offence under Section 138

Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | If a car is stolen while being insured but temporary registration of car expires, can Insurance company escape from its liability of indemnifying loss? Commission decides

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member), held that since the Insurance Company itself insured the complainant’s vehicle and the

Case BriefsHigh Courts

[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed

Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the

Case BriefsHigh Courts

Ker HC | Litmus test to find out whether a document is bond or not || Read High Court’s ruling

Kerala High Court: R. Narayana Pisharadi, J., while observing the instant matter asked the trial court to reconsider the question whether the suit

Case BriefsHigh Courts

[MV Accident Claims] All HC | What is liability of insurer in accident case of contributory as well as composite negligence; on whom lies burden of proof? Court extrapolates

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., directed the insurance company to indemnify the claimants of the deceased who died in an

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Demand of interest to be calculated from the date of determination of due amount till actual date of payment of duty; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

Securities and Exchange Board of India (SEBI): Anant Barua (Whole-time member) passed the order in exercise of his powers under Sections 11

Case BriefsHigh Courts

All HC | Whether principle of res judicata in a subsequent claim would apply on an issue of fact which in the former proceedings was decided by a forum of competent jurisdiction between same parties; MACT award modified  

Allahabad High Court: Attau Rahman Masoodi, J., allowed the appeal and modified the impugned order by applying the principle of res judicata.

Case BriefsHigh Courts

Utt HC | Pre-deposit amount reduced considering hardship under S. 129-E of Customs Act; Court modifies CESTAT order

Suchita Shukla, Editorial Assistant has put this story together

Case BriefsHigh Courts

Ker HC | A party to contract cannot unilaterally quantify liability and proceed for recovery from the other side

Kerala High Court: Anu Sivaram, J. allowed the Writ Petition by directing the respondent to only decide the amount of liability after

Case BriefsTribunals/Commissions/Regulatory Bodies

NGT | Holding Oil India Limited liable to pay compensation for Assam oil well blow-out, Tribunal calls for strict action against such failure at all levels

National Green Tribunal (NGT): Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice S. P. Wangdi (Judicial Member) and Dr Satyawan Singh

Case BriefsHigh Courts

Ker HC | Court sets aside sentence of conviction and demands payment of fine in matter of dishonour of cheque under S. 138 of Negotiable Instruments Act

Kerala High Court: R. Narayana Pisharadi J., allowed a criminal revision petition in part in a matter relating to Section 138 of

Case BriefsForeign Courts

SL SC | Submission based on the conduct of others does not substantiate appellant’s position; Court dismisses appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, Priyantha Jayawardena and Murdu N. B.

Case BriefsHigh Courts

Bom HC | The day on which accused refused to accept the demand notice is to be excluded while counting the 15 days period contemplated under S. 138(c) NI Act

Bombay High Court: Vibha Kankanwadi, J., while allowing a writ petition, quashed a complaint under Section 138 of the Negotiable Instruments Act, 1881,

Case BriefsHigh Courts

Pat HC | Handing over responsibility to branch incharge during his own absence would not absolve Branch Manager of his liability

Patna High Court: Madhuresh Prasad, J. disposed of the application by giving him an opportunity to approach the Board of Directors in order

Case BriefsHigh Courts

Del HC | Complaint under S. 138 NI Act dismissed for non-prosecution restored considering that clerk of complainant’s counsel noted wrong date

Delhi High Court: Mukta Gupta, J. allowed a petition filed against the order of the trial Judge whereby the petitioner’s complaint filed for

Case BriefsHigh Courts

Ker HC | Liability of insurer to indemnify third parties subsists unless insurance coverage is cancelled and an intimation thereof has reached the insured

Kerala High Court: P.B. Suresh Kumar, J. allowed an appeal filed by the claimant against the insurer in which an award was

Case BriefsHigh Courts

Utt HC | ‘Comprehensive policy’ covers liability of insurer for payment of compensation in cases of car accidents; such claims are not barred by S. 167 of MV Act

Uttaranchal High Court: Sudhanshu Dhulia, J. remanded a matter pertaining to the Motor Accident Claims Tribunal and directed them to decide on