legal-updates

J&K&L HC: IN AN INSURANCE CLAIM, CAUSE OF ACTION AROSE ON THE DATE THE CLAIM WAS REPUDIATED – The Jammu and Kashmir and Ladakh High Court has noted that in an insurance case, “cause of action” may also arise on the day the insured’s claim is rejected by the insurance company. UNITED INDIA INSURANCE COMPANY […]

NCDRC – LANDOWNER JOINTLY & SEVERALLY & DEVELOPER RESPONSIBLE FOR SERVICE DEFICIENCY – According to the National Consumer Dispute Redressal Commission (NCDRC), the landowner and developer are both equally and severally accountable for any compensation due in the event of a service deficiency. PRASHANT TELKAR AND VIJETA KALGHATGI & 51 ORS V. ND DEVELOPERS PVT.

NCDRC – DOCTORS ARE NOT LIABLE FOR NEGLIGENCE AS LONG AS THEY ADHERE TO ETHICAL STANDARDS. – According to the National Consumer Dispute Redressal Commission (NCDRC), a doctor cannot be held accountable for negligence just because something went wrong accidentally or due to poor judgment as long as he adheres to medical practice accepted at

GAUHATI HC – CANNOT ALLOCATE DAMAGES FOR ADDITIONAL WORK PERFORMED WITHOUT EMPLOYER’S CONSENT – According to the Gauhati High Court, when the agreement did not call for any further labour, the arbitrator cannot rely on Section 70 of the Indian Contract Act to grant damages for the extra work performed without the employer’s prior authorization.

GIRLS AGES 10-15 YRS UNDERGO BIOLOGICAL CHANGES, NEEDING CARE & ATTENTION OF MOTHER (CHHATTISGARH HC) – When awarding custody of a juvenile Hindu girl to her mother, the Chhattisgarh High Court noted that biological changes in a girl child between the ages of 10 and 15 cannot be attended to by the father, despite his

HC: AFTER ATTAINING ESSENTIAL PG QUALIFICATION, TEACHING EXPERIENCE CAN BE GAINED. – The Kerala High Court ruled that the basic PG degree required for the position must be obtained before gaining the 10 years of teaching experience indicated in the Special Rules in effect for promotion to the rank of Professor. DR ASHA SREEDHAR V.

KERALA HC TO STATE – MAKE A DECISION REGARDING THE PROPOSAL TO RAISE THE SUPERANNUATION AGE OF HC STAFF – In view of judicial changes proposed on the basis of the “Model Digital Court,” the Kerala High Court has requested the State government to decide on the proposal made by a Committee of Judges regarding

P&H HC – AFTER WIFE MURDER CONVICTION, HUSBAND NOT ELIGIBLE TO RETAIN DOWRY ITEMS – In light of the Dowry Prohibition Act of 1961, the Punjab and Haryana High Court has ruled that a husband who has been found guilty of killing his wife should not be able to claim ownership over the dowry items

SC – HOSTILE WITNESS’S TESTIMONY CAN BE USED TO CONVICT ACCUSED – The Supreme Court Constitution bench has ruled that there is no legal barrier to relying on a hostile witness’ testimony to support a conviction provided it is supported by other trustworthy evidence, noting that a hostile witness’ statement does not automatically invalidate other

HC – UNDER UGC REGULATIONS, THE SELECTION COMMITTEE FOR UNIVERSITIES DOES NOT NEED THE CHANCELLOR’S NOMINEE. – The Kerala High Court ruled that the inclusion of the Chancellor’s representation in the search committee for the appointment of the VC of the APJ Abdul Kalam Technological University (KTU) should be suspended while upholding the single bench