Motor Accident Compensation Claims –The amount of compensation claimed is not a bar for the Tribunal to award more than what is claimed, provided it is found to be just and reasonable. It is the duty of the Court to assess fair compensation. Rough calculation made by the claimant is not a bar or the …
Chandramani Nanda vs Sarat Chandra Swain 2024 INSC 777 – Motor Accident Claims Read More »
Code of Criminal Procedure, 1973 – Section 235 –A judgment of conviction shall have two components; namely, (i) Judgment on the point of conviction; and (ii) Where the accused is convicted, a separate order of sentence to be passed according to law, after hearing the accused on the question of sentence- Once the judgment of …
NCLT Rules – Rule 50 –The provisions of Rule 50 of the NCLT Rules place both the free certified copy as well as the certified copy which is applied for on payment of fees on the same footing – Both the certified copy which is provided free of cost as well as the certified copy …
National Medical Commission (NMC) guidelines regarding admission of students with “specified disabilities” under the Rights of Persons with Disabilities Act, 2016– (i)Quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions. The candidate will be eligible, if the Disability Assessment Board opines that notwithstanding the …
Code of Civil Procedure 1908 – Order XXI Rule 99– “Any person” not a party to the suit or in other words a stranger to the suit can seek redelivery, after he has been dispossessed. The term “Stranger” would cover within its ambit, a pendent lite transferee, who has not been impleaded- The difference between …
Code of Criminal Procedure 1973- Section 482 –A petition to quash the FIR does not become infructuous on submission of a police report under Section 173 (2) of the CrPC- But when a police report has been submitted, particularly when there is no stay on the investigation, the Court must apply its mind to the …
Indian Penal Code 1860 – Section 34 –For a person to be convicted under section 34, there must be an involvement of two or more persons with common intention to commit the crime. Mere presence of the accused at the scene of occurrence is not sufficient. (Para 17) Punishment -The object of punishment is not …
Sandeep vs State Of Uttarakhand 2024 INSC 771 – S 34 IPC – Object Of Punishment Read More »
Electricity Act 2003-Section 108 – The state regulatory commissions are not ‘bound’ by the directions of the state government, or the Central Government -The state commission shall only be ‘guided’ by the directions issued by the state government and is not automatically bound by them – The provision, in no manner, seeks to control the …
Transfer of Property Act,1882- Section 52,41- Once it has been held that the transactions are illegal due to the doctrine of lis pendens, the defence that they are bona fide purchasers for valuable consideration and thus, entitled to protection under Section 41 is liable to be rejected. (Para 14) – the doctrine of lis pendens …
Transfer of Property Act,1882- Section 54– A minor can be a transferee though not a transferor of immovable property- Though an agreement to sell is a contract of sale, a sale cannot be said to be a contract. Sale, going by the definition, is a transfer of ownership in exchange for a price paid or …
