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18.03.2026
Appellant met with a road accident. MACT determined his compensation to be paid by Reliance General Insurance. MACT gave Reliance General Insurance liberty to recover said amount from the driver cum owner of the offending vehicle. Appellant and Reliance both went to the High Court. The Compensation was reduced because the High Court felt that functional disability of the victim was less than what MACT had claimed to be based on the medical reports. Matter came up in appeal before the Hon'ble Supreme Court. Hon'ble Supreme Court observed that while calculating the compensation to be paid, an exercise has to be carried out in determining the percentage of the functional disability which would affect the earning capacity of the victim. In the present case, the Supreme Court obsreved that the victim suffered from mild cognitive disability amongst other injuries. His cognitive functions have been impaired. Given the nature of his job as a manager in a private company, his functional disability is 100%. Hence, the compensation was increased.

#legalnews #supremecourt #motorvehicleaccident #MACT #claims #compensation #disability #functionaldisability #physicaldisability taken in Pune, Maharashtra by @lawttitude21

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6 months ago

18.03.2026
Accused came to the house of the complainant. He took his son out on the pretext of watching a movie. Son never returned. His dead body was found. FIR was registered under section 302 IPC. Trail court convicted one of the Accused u/s 364 IPC. High Court acquitted that Accused on the ground that no charge under 364 was framed. Also, 364 IPC was not a minor offence as compared to 302 and hence S 222 CrPC is not applicable. Further, it was held that there is absence of motive. Hon'ble Supreme Court held that offences u/s 302 and 364 are seperate, distinct offences and by no stretch of imagination can they be construed as cognate offences. Further, there is nothing on record to imply that accused had forcibly taken the deceased with him. Hence, the Hon'ble Supreme Court dismissed the matter.

#legalnews #supremecourt #abduction #murder #minoroffence #cognate #cognateoffences #section222crpc taken in Pune, Maharashtra by @lawttitude21

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6 months ago

17.03.2026
Case deals with summoning of additional persons as accused u/s 319 CrPC. Trial Court and the High Court rejected such application of the Complainant. The Complainant wanted to summon additional accused persons based on his 161 CrPC statements and on the basis of testimony of other two Prosecution Witnesses. While fixing the standard of evidence needed to summon additional accused to strong and cogent evidence, the Hon'ble Supreme Court observed that the Trial Court and the High Court went into minute details of inconsistencies in the statements of the Complainant and in the testimonies given by the two PWs. The Hon'ble Court allowed the additonal accused to be produced before the trial court and be proceeded in accordance with the law.

#legalnews #CrPC #319 #accused #additionalaccused #supremecourt #criminal #crime #evidence #standardofproof taken in Pune, Maharashtra by @lawttitude21

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6 months ago

17.3.2026
Terrascope (earlier known as Moryo) called for extraordinary general meeting (EoGM) for presenting before the shareholders and public purpose for allotment of shares on preferential basis to non-promoters. Objective was to raise money for fulfilling capital expenditure. But SEBI found out that funds were immediately diverted for purchase of securities of other companies and grant loans/advances which wasn't the objective. After diverting funds, company carried out amendment to the objective clause of the EoGM. Company justified it by submitting under MOA, it was permitted and the prevailing market conditions made it divert the funds. Company however failed to explain as to what market conditions made it divert its funds. Company also took defence in the fact that shareholders have later on approved and ratified such use of funds. AO imposed penalties on the company as well as the directors. SAT set aside the orders of AO. SEBI aproached the Supreme Court. In addition to aforesaid observations, Hon'ble Supreme Court also observed that while interpreting the related regulations which are intended to protect the investor the Court must weigh against an interpretation which will protect unjust claims over just, fraud over legality and expediency over principle. When rights of multiple stakeholders are involved and certain Regulations proscribe a particular course of action any breach of the Regulation has to face its consequences. They are not in the realm of private rights which can be waived off as ratified. Thus, the Hon'ble Supreme Court held against the company and the directors and restored the order of the Adjudicating Officer.
#legalnews #SEBI #shares #fraud #sharemarket #securitieslaw #SAT #funds #diversion by @lawttitude21

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6 months ago

17.03.2026
A ship was owned by suppose 'A'. It was repaired by 'B' (Plaintiff). Legal proceedings initiated by 'B' for repair cost recovery. Ship got arrested. MoU between 'A' and 'B' to pay certain amount from various sources. C i.e., Defendant No 1 wanted to transport his material from the said ship. He entered into an agreement with 'A'. 'A' asked him to pay an amount directly to 'B'. C acknowledged the same. D i.e., Defendant No. 2 was C's banker. After ship reached its destination, C instructed D to trasnmit agreed sum to B. D transmitted the amount to A by mistake. B instituted suit against C and D for recovery of money. High Court division held C to be liable and C could recover the amount from D. Appeals were filed to the Supreme Court. Supreme Court discussed principles of Guarantee as per the Indian Contracts Act. Court also discussed the concept of counter claim and relevant amendments as carried out by the Madras High Court. (Counterclaim lies usually agains the Plaintiff but according to the amendments by the Madras HC, that between two respondents is also entertained in its jurisdiction after issuing notice to the other party). Finally Hon'ble Supreme Court didn't find it necessary to interfere in the impugned HC order.

#legalnews #supremecourt #contract #guarantee #dominuslitis #counterclaim #recoveryofmoney taken in Pune, Maharashtra by @lawttitude21

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6 months ago

Respondent purchased an insurance policy. They enhanced it. Further, they purchased another policy. Fire incident happened shortly. Consumer court partly allowed the claim. Doubts were cast on the bona fides of the claim. Surveyor opinined fire was not caused by short circuit but by deliberate human act. Substantial stock of the company was found to be procured shortly prior to the incident. Suppliers of such stock were found to be either non-existent or not engaged in the business of supplying the same material. In area of seat of fire (Zone IX A and XA), hydrocarbon residues similar to kerosene were found in GC-MS analysis. Such residues were absent in areas away from the fire. No evidence of short circuit in forensic examination of the electrical infrastructure. Thus, Hon'ble Supreme Court came to the conclusion that fraud was played on the insurance company. In addition to denying any benefit to the Respondent company, the Court also ordered constitution of SIT to conduct comprehensive investigation of the incident.
#legalnews #supremecourt #insurance #fraud #consumercourt by @lawttitude21

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6 months ago

Apellant is the original complainant. She lodged the complaint against the accused on grounds of forgery and cheating to usurp the property of her father. The said FIR was quashed by the High Court wherein it observed that the necessary ingredients to constitute the offences were not made out from the FIR. This FIR was quashed when the reports regarding forgery of various papers were awaited from the forensic lab. Therefore, the Hon'ble Supreme Court observed that the FIR was quashed at a very preliminary stage and the subsequent report results would indicate that there has been forgery of signs and investigation needs to be done fully.
#legalnews #forgery #420 #investigation #fraud #property #propertyfraud by @lawttitude21

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6 months ago

These observations were made by the Hon'ble Supreme Court of India in Anokhi Lal case regarding appointment of an Amicus Curiae to expedite the criminal cases especially the appeals.
#legalnews #amicuscuriae #criminal #appeal #trial taken in Pune, Maharashtra by @lawttitude21

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6 months ago

Appellant was convicted by the Sessions Court under 302 IPC. He was kept in a pre-trial custody. He preferred an appeal against the Sessions Court order and judgment. He was released after his sentence was suspended. High Court took the matter for hearing after 20 long years. Appellant's advocate was not present despite repeated calls. The High Court appointed an Amicus Curiae but failed to inform the Appellant about such appointment. His sentence of conviction under 302 was converted to that under S 304 Part II of IPC (culpable homicide not amounting to murder when the death is caused with the knowledge that the act is likely to cause death, but without the specific intention to cause death or fatal injury.) and sentenced to 5 years of rigorous imprisonment. Apellant's advocate submitted the same before the Hon'ble Supreme Court and asked for permission to make submissions before it which the Amicus Curiae failed to make before the High Court. Suprme Court held that no blame can be fastened on Amicus Curiae as he made submissions in his wisdom. It was also held that the appraoch of the High Court was also not unjustified as the HC was just expediting the long pending matter. However, the appeal was remanded back to the HC for hearing it de novo. All the points on merit were kept open.
#legalnews #conviction #appeal #highcourt #supremecourt #amicuscuriae #legalaid #302 #murder #304 by @lawttitude21

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6 months ago

Date: 13.03.2026

In the impugned order, High Court had remanded the case back to DRT to reconsider the issue of valuation. Supreme Court disposed of the matter by observing that no hardship is done to the auction purchaser.

In this judgment, the Hon'ble Supreme Court observed that where credible issues are raised regarding the adequacy of valuation or the fairness of the process leading to the fixation of the reserve price, the supervisory jurisdiction of the Court may be invoked to ensure that the recovery proceedings have been conducted in a manner that secures the best possible value of the property.

The Hon'ble Supreme Court also referred to the judgment of Rajiv Kumar Jindal v/s BCI Staff Welfare Association [2023 SCC OnLine SC 507] to justify its reasoning.
#supremecourt #legalnews #legalupdates #DRT #valuation #recovery #debt taken in Pune, Maharashtra by @lawttitude21

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7 months ago

In this case, the Hon'ble Supreme Court passive end of life decision of a patient who has been in a permanent vegetative state for years.

The Court observed that withdrawing or withholding medical treatment is not an unnatural termination or "extinguishment" of life. Such medical decisions merely allow the natural path of life to run its inevitable, natural course. Passive end-of-life decisions thus do not violate Article 21.

#supremecourt #article21 #righttolife #righttodie #constitutionallaw #passiveeuthenasia #legalupdates #legalnews taken in Pune, Maharashtra by @lawttitude21

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7 months ago

Date: 11.03.2026

An employee's seniority must be counted from the first date of their joining, even if they are immediately sent for a mandatory training period afterward. The training period does not delay the commencement of their seniority. The Court reaffirmed that statutory Service Regulations will always hold primacy over internal Board Proceedings or administrative resolutions. This case shows a classic dispute that arises between the Direct Recruits and the promotees from inside the department.
#supremecourt #servicelaw #legalupdates #seniority #legalnews #Indianlawyer taken in Pune, Maharashtra by @lawttitude21

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7 months ago