Bringing you the Best Analytical Legal News
The Supreme Court had directed High Courts to frame rules of procedure or issue practice directions for ensuring that material details are disclosed while filing claim applications under Section 166(1) of the MV Act.
“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.
Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused: Principles of law
Arbitration and Conciliation Act, 1996 — S. 11(6) — Limited scope of jurisdiction of Court
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 11 — Parties to arbitration proceedings — Arbitration agreement/clause
Arbitration and Conciliation Act, 1996 — S. 11(6) — Substantive claims of petitioner whether time-barred i.e. issue of limitation requiring intricate evidentiary
‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’
Section 2(h)-“Motor Vehicle” means a Motor Vehicle as defined in Clause 28 of Section 2 of the Motor Vehicles Act, 1988; [excluding any tractor, earth mover, excavator, bulldozer or road-roller].
On September 14, 2024, the International Arbitration and Mediation Centre (IAMC), Hyderabad, commenced a mediation training programme, specifically tailored for the members of the Telangana High Court Advocates’ Association (THCAA).
The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.
The Court acted in response to the various newspapers reporting of the alarming condition of traffic on the streets/roads and especially in Highways of the State, owing to over speeding, roaming of stray cattle on the roads, non-maintenance of the roads, poor lighting, absence of proper signage, absence of reflectors, lack of patrolling by the authorities, disorderly parking of trucks and vehicles on the roads, driving of vehicles after consuming alcohol, etc.
A quick legal roundup to cover important stories from all High Courts this week.
The Court discussed the difference between a gratuitous passenger travelling in a private vehicle that met with an accident, and the deceased wife of the insured in the instant case who was held to be covered as a “third party”. The distinction proved to be elemental in granting “just compensation” to the appellants.
Transport Commissioner, Government of Haryana passed an order restricting the use of BS-3 petrol and BS-4 diesel vehicles and the violation of the said order would attract prosecution under Section 194(1) of the MV Act.
Insolvency and Bankruptcy Code, 2016 — Ss. 7 and 238-A — Limitation period for initiating CIRP: Documents reflecting acknowledgments of debts i.e.
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
“The liability of the Insurance Company will be restricted to that arising under the Workmen Compensation Act, 1923 and the owner will be liable to satisfy the remaining part of the award.”
The petitioners have not been able to make out any case as to how Rule 7 of the DMV Rules is so manifestly arbitrary and only by stating that there can be several shades of khaki or that it does not state whether it should be a pant-shirt or kurta-pajama or the nature/details of stitching etc., does not make the provisions vague.
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex
Coal Bearing Areas (Acquisition and Development) Act, 1957 — Ss. 2(d), 9, 10, 11 and 18(a) — Demand towards premium of government