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📍Supreme Court: Preponderance of Probability Applies in Motor Accident Claims📍 🔸On October 17, the Supreme Court, led by Justices CT Ravikumar and Prashant Kumar Mishra, ruled that courts must apply the principle of "preponderance of probability" in motor accident claim cases, rather than the stricter standard of "proof beyond reasonable doubt." This ruling came while allowing a compensation claim filed by the family of a motorcyclist who was killed in a road accident involving a car. 🔸The Respondents argued that the car was not involved in the accident, and the lower courts had agreed, disbelieving an eyewitness (PW-6) because the police had not initially identified him as such. However, PW-6 testified that he saw the car hit the motorcycle as it overtook a bus and remained firm under cross-examination. 🔸Justice Mishra, writing the judgment, criticized the lower courts for dismissing PW-6’s testimony based solely on the police's failure to record his statement. The Supreme Court emphasized that a credible witness should not be disregarded on this basis alone. 🔸The Court also noted that physical evidence, including damage to the car recorded in the Mahazar, corroborated PW-6’s testimony. The front bumper and lights of the car were damaged, indicating the car's involvement in the accident. 🔸As a result, the Supreme Court overturned the lower courts' rulings, holding that the deceased was killed in an accident involving the insured car. The Court awarded the appellants Rs. 46,31,496/- with 9% interest per annum, increasing to 12% if not paid within three months. #SC #Motoraccidentclaims #accident #Motorvehiclesact #claims #probability

🚨Supreme Court Asks Wikipedia To Remove Name Of Victim In RG Kar Hospital Rape-Murder Case🚨 India's Supreme Court has issued a directive to Wikipedia, ordering the removal of the name and photograph of the victim in the RG Kar Medical College Hospital rape and murder case from its pages. This decision underscores the importance of maintaining the dignity and privacy of the deceased, consistent with laws that mandate anonymity in cases involving rape victims. During the hearing, Solicitor General Tushar Mehta brought to the court's attention that Wikipedia continued to display the victim's name and photograph, despite the court's previous directives to remove them. Initially, Wikipedia refused to comply, citing concerns about censorship. However, Mehta clarified that adherence to the law was essential to uphold the victim's anonymity. The court emphasized that disclosing the victim's identity would compromise her dignity and privacy. The bench, led by Chief Justice DY Chandrachud, also requested the Central Bureau of Investigation (CBI) to submit a status report on the probe into alleged financial irregularities at the hospital. Additional directives issued by the court include: - The removal of the victim's name and photograph from all social media and electronic media platforms. - Enhancing security measures at the hospital, including the installation of CCTV cameras and provision of adequate toilet facilities for doctors. - The West Bengal government was ordered to ensure the implementation of these safety measures. The Supreme Court's decision reaffirms its commitment to protecting the privacy and dignity of victims of sexual assault, while also addressing concerns about safety and accountability in healthcare institutions. #SC #Wikipedia #RGKarHospital #Rape #Murder #India

🔆Third Party Not Obliged to Seek Cancellation of Void Sale Deed Under Section 31 of Specific Relief Act: Supreme Court🔆 ▫️The Supreme Court of India has recently clarified that a third party is not obligated to seek cancellation of a void sale deed under Section 31 of the Specific Relief Act. This judgment has significant implications for property disputes and third-party rights. In a landmark decision, the apex court held that a third party who has acquired a property in good faith and without knowledge of the void sale deed is not required to take proactive steps to get the sale deed cancelled. The court emphasized that the onus lies on the party challenging the sale deed to initiate proceedings for cancellation. ▫️Section 31 of the Specific Relief Act deals with the cancellation of void agreements, including sale deeds. The provision empowers courts to cancel void agreements and restore parties to their original positions. ▫️The Supreme Court's judgment brings clarity to the rights and obligations of third parties in property disputes. It establishes that a third party cannot be compelled to take legal action to cancel a void sale deed, especially if they have acquired the property in good faith. ▫️This decision has far-reaching consequences for property transactions and disputes. It protects the rights of bona fide third parties who may unknowingly purchase properties subject to void sale deeds. The judgment also emphasizes the importance of due diligence in property transactions to avoid potential disputes. ▫️In essence, the Supreme Court's decision reinforces the principle that a third party is not obligated to seek cancellation of a void sale deed under Section 31 of the Specific Relief Act. The onus lies on the party challenging the sale deed to initiate proceedings for cancellation, thereby safeguarding the rights of third parties who have acquired properties in good faith. #SC #SupremeCourt #Void #SpecificReliefAct #Goodfaith

🚨No Error In Calling For Expert Opinion On Wife's Mental Health At Stage Of Evidence: Allahabad High Court Upholds Trial Court Order🚨 📍Pooja Gautam v. Neeraj Gautam: The Allahabad High Court recently upheld a lower court's decision to seek expert testimony on the mental health of a wife in ongoing divorce proceedings. The wife had challenged the Family Court's order allowing her husband's request for a medical examination. The wife's counsel argued that the examination was prematurely allowed at the evidence stage, contrary to the Trial Court's initial decision to address it at the final stage. Additionally, objections were raised regarding the Trial Court's observations, which could potentially lead to adverse inferences. The High Court observed that the initial medical report was from Aligarh Muslim University, a non-government facility. Consequently, the Court directed the Chief Medical Officer, Hathras, to constitute a medical board comprising qualified neurologists, psychiatrists, and other necessary experts. The bench, comprising Justices Saumitra Dayal Singh and Donadi Ramesh, ruled that the Trial Court's earlier order was an interim decision. Seeking medical opinion at the evidence stage to assess the wife's mental health was justified. The appeal was disposed of with instructions for the medical board's report to be submitted to the Trial Court. The High Court affirmed the lower court's decision, ensuring expert testimony would inform the divorce proceedings. #MentalHealth #HC #Allahabad #Medicalboard #Trial #HighCourt

🚨NCLAT Rules Sale Agreement Not Constitutive of Financial Debt, Dismisses Insolvency Petition🚨 The National Company Law Appellate Tribunal (NCLAT) has ruled that a sale agreement does not constitute a financial debt, dismissing an insolvency petition filed against a company. Here are the details: Background: - A company, 'X', entered into a sale agreement with another company, 'Y', to sell its assets. - The agreement included a clause for payment of consideration in installments. - 'Y' failed to make payments, leading 'X' to file an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code (IBC). NCLAT Ruling: - The NCLAT held that the sale agreement did not constitute a financial debt within the meaning of Section 5(8) of the IBC. - The tribunal observed that the agreement was primarily for the sale of assets, not a loan or financial accommodation. - The NCLAT distinguished between a financial debt and a commercial transaction, stating that the latter does not necessarily involve financial debt. Key Takeaways: - A sale agreement with a payment plan does not automatically constitute a financial debt. - The primary intention of the agreement determines its nature, not just the payment terms. - The NCLAT's ruling clarifies the distinction between financial debt and commercial transactions. *Implications:* - This ruling may impact pending insolvency cases based on similar sale agreements. - Creditors may need to re-evaluate their claims and consider alternative remedies. - Companies should carefully draft sale agreements to avoid unintended consequences. Conclusion: The NCLAT's ruling provides guidance on the definition of financial debt under the IBC. It emphasizes the importance of understanding the primary intention and nature of agreements to avoid misclassification. This decision will have significant implications for companies and creditors navigating the complexities of insolvency law. #NCLAT #insolvency #IBC #BankruptcyCode

🚨Supreme Court Declines to Direct Legislature on Enforcement of Fundamental Duties🚨 ▫️The Supreme Court of India, while hearing a petition related to the Fundamental Duties under Article 51A of the Indian Constitution, has stated that it cannot compel the legislature to enact laws for their enforcement. Justice Sanjiv Khanna emphasized the importance of duties alongside rights, but noted that it is up to the citizens to be aware and conscious of these duties, not for the court to mandate legislation. ▫️The bench, comprising Justices Khanna, Sanjay Kumar, and R. Mahadevan, was hearing a petition filed by Advocate Durga Dutt seeking the enforcement of Fundamental Duties as laid out in Part IV-A of the Constitution. The notice on this plea was issued in 2022, to a limited extent. The petitioner argued that Fundamental Rights and Duties are interlinked, and in some instances, neglecting duties could lead to violations of rights. ▫️Attorney General R. Venkataramani, representing the Union, opposed the idea of the court directing the legislature to create laws for enforcing these duties. He stated that enforcing duties through legal sanctions may not be effective, and instead, awareness and sensitivity towards duties should be promoted. He highlighted various existing measures, such as departmental and school programs, that create awareness of these duties. ▫️Senior Advocate Ranjith Kumar, representing the petitioner, argued that citizens are mostly unaware of Fundamental Duties and emphasized the importance of sensitizing the public about them. He referenced the Hon'ble Shri Ranganath Mishra v. Union of India & Ors. case, in which the Justice J.S. Verma Committee report (2000) recommended methods to raise awareness of these duties. ▫️Justice Khanna, after hearing the arguments, reiterated that the court could not direct the legislature to create laws enforcing Fundamental Duties. He acknowledged that several existing laws and executive actions already align with Article 51A, such as laws ensuring communal harmony (e.g., Section 153A of the IPC) and protecting cultural heritage. ▫️The hearing concluded with the bench asking the Attorney General to provide a synopsis of the various laws that address different aspects of Fundamental Duties. #SC #FundamentalDuties #Article51A #India #Constitution #IPC #AttorneyGeneral

🚨Supreme Court Dismisses Plea to Halt India's Military Exports to Israel🚨 ▫️The Supreme Court of India has dismissed a petition seeking to halt the country's military exports to Israel. The petitioners had argued that exporting arms and military equipment to Israel during the ongoing Israel-Palestine conflict would violate international law and human rights. ▫️However, the Court held that decisions regarding foreign policy, including arms exports, fall within the exclusive domain of the government. It ruled that judicial intervention in such matters would be inappropriate and potentially harmful to national interests. ▫️The Court emphasized that India's foreign policy aims to balance national interests with international obligations. It noted that the government has a nuanced understanding of geopolitical realities and is better equipped to make decisions on arms exports. ▫️The petitioners had cited international law and human rights conventions to support their claim. However, the Court observed that India's foreign policy decisions are guided by a complex array of factors, including strategic interests, economic considerations, and diplomatic relations. ▫️The Court's decision underscores the principle of separation of powers, where the judiciary respects the executive's authority in matters of foreign policy. It also highlights India's commitment to maintaining diplomatic relations with various countries, including Israel. ▫️The dismissal of the petition means that India's military exports to Israel will continue uninterrupted. The government has maintained that its arms exports are in line with international law and do not violate human rights. #SC #Millitary #Israel #Millitaryexports #IndianMillitary #Humanrights #InternationalLaw

🚨Supreme Court Revises Punishment for Conviction Under IPC Sections 304A & 338 in Negligent Driving Case ▫️The Supreme Court has revised the punishment for a person convicted of causing death due to negligent driving. The court reduced the sentence to the time already served in custody (117 days) and lowered the compensation to the victim's family from Rs. 2.5 lakhs to Rs. 50,000. ▫️The case involved a person who was convicted under Sections 304A (causing death by negligence) and 338 (causing grievous hurt by act endangering life or personal safety) of the Indian Penal Code (IPC). The court noted that there is no minimum punishment prescribed for these offenses and that the sentence can be limited to a fine without imprisonment. ▫️The court's decision was influenced by a previous case (Surendran v. Sub-Inspector of Police, 2021) where a similar offense resulted in a sentence of only a fine. The court considered the facts and circumstances of the case and decided to reduce the punishment. ▫️This decision highlights the court's discretion in sentencing and its consideration of the specific circumstances of each case. It also emphasizes the importance of leniency in certain cases, especially where the accused has already served time in custody. #SC #Punishment #IPC #Negligent #Driving #India #SupremeCourt

🚨Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws 🚨 📍*Kusum Lata v the State of Rajasthan:* The Rajasthan High Court recently ruled in favor of a widowed mother, granting her custody of her 2-year-old son in a habeas corpus petition. The mother, a school lecturer, had been denied custody by her in-laws, who alleged she was responsible for her husband's suicide. However, the court found that the mother was the natural guardian and, being financially stable and educated, was better equipped to care for the child's welfare and future. The court cited a Supreme Court precedent emphasizing the paramount importance of a child's welfare in custody matters. Noting the lack of any adverse reports regarding the mother's character, the court directed the grandparents to hand over custody to the mother, dismissing their claims. This verdict upholds the rights of a natural guardian and prioritizes the well-being of the child. #Rajasthan #HC #custody #Childcare #Childwelfare #widow #Abetment

🚨Supreme Court to Establish National Guidelines on Demolition of Properties of Crime Accused🚨 India's Supreme Court is creating rules to guide the destruction of properties owned by people accused of crimes. This decision comes after many instances where local authorities demolished homes or businesses of accused individuals, leading to public outcry and legal challenges. The new guidelines aim to ensure that: - Accused individuals are treated fairly - Their rights are protected - Demolitions are done legally and with proper procedure Currently, different areas in India have varying practices, leading to confusion and inconsistencies. The Supreme Court's guidelines will create a uniform approach across the country, ensuring that authorities follow the law when demolishing properties linked to criminal accusations. This move is significant because it: - Clarifies the process for demolitions - Safeguards individual rights - Promotes consistency in law enforcement practices By establishing these guidelines, the Supreme Court seeks to balance the need to enforce the law with the need to protect individual rights and prevent abuse of power. #SC #Nationalguidelines #crime #demolitionofproperties #India #SupremeCourt #Law