In the context of motor accidents the expressions “caused by” and “arising out of” are often used in statutes. Although both these expressions imply a causal relationship between the accident resulting in injury and the use of the motor vehicle but they differ in the degree of proximity of such relationship. This distinction has been
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Recognizing Homemakers as Nation Builders, Supreme Court Quantifies Their Monthly Contribution at ₹30,000 for Motor Accident Compensation
Loss Of Domestic Care: An Additional Head20. It is in these circumstances, that we deem it appropriate to direct that when a Motor Accidents Claim Tribunal or the High Court or this Court is concerned with or a case involving the death of a homemaker, in order to overcome the inherent disadvantage accrued against
Understanding Liberty: A Student’s Guide to BNSS Bail Jurisprudence
The concept of bail represents the most significant intersection between criminal procedure and constitutional law. In the Indian legal landscape, this field has undergone a profound transformation with the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This guide serves as a curriculum roadmap for students to navigate the shift from a discretion-heavy
Bail under BNSS 2023: From Judicial Discretion to the Constitutionalization of Bail
The concept of bail is perhaps the single most important meeting point of criminal procedure and constitutional law. In India, this intersection has been re‑drawn with the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973 and came into force on 1 July 2024. For students, practitioners,
Supreme Court: Accused can be permitted to go abroad for his business or professional work
We are called upon to decide only whether the Appellant should be permitted to travel to the US for eight weeks. In evaluating this issue, we must have regard to the nature of the allegations, the conduct of the Appellant and above all, the need to ensure that he does not pose a risk of
Medical Facilities In India Comparable To Any Foreign Country’, Supreme Court Restrains Accused From Travelling To USA For Treatment
The “exigencies of medical treatment to be undergone” by the Respondent no.2 and that “he has appeared before the Magistrate Court on the last 12 occasions” coupled with his undertaking to return to India within 6 (six) months were considered good enough reasons by the High Court to interfere in the exercise of its revisional
Supreme Court: Whether accused involved in matrimonial offence can be permitted to accept Job Abroad?
After hearing learned counsel for the parties, in our opinion, the permission sought by the appellant to travel abroad to join as Cyber Security Architect with a company in Belgium should not be denied, merely on account of pendency of the aforesaid case against him. It is not in dispute that the appellant is in
Supreme Court: Non- stamping or inadequate stamping of an arbitration agreement is merely a curable defect
Thereafter, the Constitution Bench recorded its conclusions in paragraph 224 as under:224. The conclusions reached in this judgment are summarised below:a. Agreements which are not stamped or are inadequately stamped are inadmissible in evidence Under Section 35 of the Stamp Act. Such agreements are not rendered void or void ab initio or unenforceable;
Supreme Court on Liquidated Damages: Proof of Actual Loss is not Always Necessary
Further, when the agreement categorically stipulated timelines for the commencement and completion of the construction and the consequences that were to follow thereupon, it was not necessary for the owners to adduce evidence separately in proof of the actual damage suffered by them owing to the breach of the agreement on the part of the
Supreme Court: After Intestate Succession under Hindu Succession Act, One Co-Heir Cannot Alienate Shares Of Others Acting As Karta
Accordingly, in the context of Section 8, the question of karta-ship ordinarily does not arise merely because the property has come from a paternal ancestor. The heirs succeed as tenants-in-common with definite and separate shares, and the property devolves by succession rather than by survivorship.8. In view of what has been discussed hereinabove, it