Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

It is an admitted
position that the deceased was the owner-cum-driver of the vehicle in question.
The accident had occurred due to the rash and negligent driving of the vehicle
by the deceased. No other vehicle was involved in the accident. The deceased
himself was responsible for the accident. The deceased being the owner of the
offending vehicle was not a third party within the meaning of the Act. The
deceased was the victim of his own action of rash and negligent driving. A
Claimant, in our view, cannot maintain a claim on the basis of his own fault or
negligence and argue that even when he himself may have caused the accident
on account of his own rash and negligent driving, he can nevertheless make the
insurance company to pay for the same. Therefore, the respondents being the
LRs of the deceased could not have maintained the claim petition filed under
Section 166 of the Motor Vehicles Act.… Read More Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

In India, 33% to 45% fake people are in legal profession as per Law Commission Report

Report no 266 As per recent media reports 35, the Bar Council of India conducted verification of advocates under the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, and it was reported that a very high percentage (33 to 45%) of lawyers were fake. Such lawyers were practicing either with the fake law degree or without… Read More In India, 33% to 45% fake people are in legal profession as per Law Commission Report

NHRC notice to the Government of Maharashtra over reported arrest of five activists in connection with Bhima Koregaon violence (29.08.2018)

PRESS RELEASE New Delhi, 29th August, 2018 The National Human Rights Commission, NHRC has taken suo motu cognizance of media reports about the arrest of five activists by the police from different cities yesterday on the 28th August, 2018 in connection with the investigations in the Bhima Koregaon violence, which occurred in Pune, Maharashtra in… Read More NHRC notice to the Government of Maharashtra over reported arrest of five activists in connection with Bhima Koregaon violence (29.08.2018)

Only National Commission(Consumer)has power to review its ex-prate orders.

The legislature chose to give the National Commission power to review its ex prate orders. Before amendment, against dismissal of any case by the Commission, the consumer had to rush to this Court. The amendment in Section 22 and introduction of Section 22A were done for the convenience of the consumers. We have carefully ascertained the legislative intention and interpreted the law accordingly.… Read More Only National Commission(Consumer)has power to review its ex-prate orders.

What are the rules for appearance by non-advocate before a Judicial Body

Brief summary of Rules pertaining to Non-Advocates in different jurisdictions United States of America • Congressional legislation neither grants nor denies the right to have a non-attorney representative in quasi-judicial proceedings. • The individual fora (administrative law courts) are allowed to create their own rules for non-attorney representatives. • Several administrative law courts/fora allow non-attorney… Read More What are the rules for appearance by non-advocate before a Judicial Body

Consumer Forums are not Courts but are quasi-judicial bodies or authorities or agencies

National Commission is not a Court. (See Laxmi Engineering Works v. P.S.G. Industrial Institute, (1995) 3 SCC 583; Charan Singh v. Healing Touch Hospital, (2000) 7 SCC 668; State of Karnataka v. Vishwabharathi House Building Coop. Society, (2003) 2 SCC 412. This position has been fortified recently by a decision of a Constitution Bench of… Read More Consumer Forums are not Courts but are quasi-judicial bodies or authorities or agencies

Protection provided under Consumer Protection Act to consumers is in addition to remedies available under any other Statute

The frame work for the CP Act was provided by a Resolution dated 09.04.1985 of the General Assembly of the United Nations Organization, which is commonly known as consumer Protection Resolution No. 39/248. India is a signatory to the said Resolution. The Act was enacted in view of the aforementioned Resolution of the General Assembly… Read More Protection provided under Consumer Protection Act to consumers is in addition to remedies available under any other Statute

When a detention order suffers from non-application of mind by the detaining authority

Whether the detention order suffers from non-application of mind by the detaining authority is not a matter to be examined according to any straitjacket formula or set principles. It depends on the facts and circumstances of the case, the nature of the activities alleged against the detenu, the materials collected in support of such allegations, the propensity and potentiality of the detenu in indulging in such activities etc.… Read More When a detention order suffers from non-application of mind by the detaining authority

Power to order fresh, de-novo or reinvestigation being vested with the Constitutional Courts

The power to order fresh, de-novo or re- investigation being vested with the Constitutional Courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation. It can never be forgotten that as the great… Read More Power to order fresh, de-novo or reinvestigation being vested with the Constitutional Courts

Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

A plethora of decisions by this Court as referred to above would show that once the statement of prosecutrix inspires confidence and accepted by the courts as such, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required unless there are compelling reasons which necessitate the courts for corroboration of her statement. … Read More Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

In a partition suit, Court has jurisdiction to amend shares suitably, even if preliminary decree has been passed

If the preliminary decree passed in the present proceedings without complying with the provisions of Order 32 Rule 7(1) is not a nullity but is only voidable at the instance of the appellants, the question is; can they seek to avoid it by preferring an appeal against the final decree? It is in dealing with this point that the bar of Section 97 of the Code is urged against the appellants. Section 97 which has been added in the Code of Civil Procedure, 1908 for the first time provides that where any party aggrieved by a preliminary decree passed after the commencement of the Code does not appeal from such decree he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree… Read More In a partition suit, Court has jurisdiction to amend shares suitably, even if preliminary decree has been passed

Policy to reopen evidence once closed by the order of Court in a Civil suit.

we are satisfied that in the interests of justice and to prevent abuse of the process of court, the trial court ought to have considered whether it was necessary to re-open the evidence and if so, in what manner and to what extent further evidence should be permitted in exercise of its power under Section 151 of the Code.… Read More Policy to reopen evidence once closed by the order of Court in a Civil suit.