The Supreme Court in its recent judgment held that the definition of “Legal Representative” under the Motor Vehicle Act should not be interpreted narrowly and i𝘀 𝗻𝗼𝘁 𝗹𝗶𝗺𝗶𝘁𝗲𝗱 𝘁𝗼 𝗮 𝗽𝗲𝗿𝘀𝗼𝗻 𝘄𝗵𝗼 𝗶𝘀 𝗿𝗲𝗹𝗮𝘁𝗲𝗱 𝘁𝗼 𝘁𝗵𝗲 𝗱𝗲𝗰𝗲𝗮𝘀𝗲𝗱 but 𝗶𝗻𝗰𝗹𝘂𝗱𝗲𝘀 𝗮𝗻𝘆 𝗽𝗲𝗿𝘀𝗼𝗻 𝘄𝗵𝗼 𝗶𝘀 𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁 on the deceased and will suffer a loss on account of the death of the person to a motor vehicle accident. The Court reached its decision overturning the decision of the Motor Accident Claim Tribunal also upheld by the High Court which didn’t consider the father and sister of the 24-year-old deceased as dependents of the deceased forcing the appellants to appeal to the apex Court.
𝗖𝗮𝘀𝗲 𝗡𝗮𝗺𝗲: Civil Appeal No. 3763-2025, Sadhana Tomar & Ors. vs. Ashok Kushwaha & Ors.
Order: https://lnkd.in/gG3xQcZk
𝗝𝗼𝗶𝗻 mentblue 𝗖𝗼𝗺𝗺𝘂𝗻𝗶𝘁𝘆.
𝗪𝗵𝗮𝘁𝘀𝗔𝗽𝗽 : https://lnkd.in/g9gBHk9j
𝗧𝗲𝗹𝗲𝗴𝗿𝗮𝗺 : https://t.me/mentblue
The Supreme Court has reaffirmed that High Courts can quash FIRs at the nascent stage of investigation under Section 482 CrPC/ Section 528 BNSS if the allegations do not disclose a prima facie offence. In a recent judgment, the Court quashed an FIR against Congress MP Imran Pratapgarhi, stating that the case was a clear abuse of the legal process.
The Delhi High Court, in 𝑭𝒂𝒊𝒕𝒉 𝑪𝒐𝒏𝒔𝒕𝒓𝒖𝒄𝒕𝒊𝒐𝒏𝒔 𝒗𝒔. 𝑵.𝑾.𝑮.𝑬.𝑳 𝑪𝒉𝒖𝒓𝒄𝒉 (𝑨𝑹𝑩.𝑷. 1318/2024), ruled that when an arbitration agreement does not specify a seat or venue, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996, must be determined based on Sections 16 to 20 of the Civil Procedure Code, 1908. The ruling, delivered by Justice Manoj Kumar Ohri on March 20, 2025, emphasized that 𝗷𝘂𝗿𝗶�...
In a significant ruling, the Supreme Court of India in Disortho S.A.S. v. Meril Life Sciences Pvt. Ltd. held that Indian courts have jurisdiction to appoint an arbitrator even if the arbitration venue is in a foreign country, provided the contract specifies Indian law as the governing law.