Inder Chand Jain judiciary-2

Allahabad HC Fines State ₹25,000 for Counsel’s Unpreparedness & for wasting 10 valuable minutes of Court

Rajit Ram Verma Vs State of U.P (Allahabad High Court)

Allahabad High Court expressed displeasure over unpreparedness of standing counsel representing state government. Ccase involved Ram Verma v. State of U.P., and took note of standing counsel's lack of preparation after around 10 minutes of argument....

Motor Accident Claim: Tyre Burst is not an ‘Act of God’ & Insurance Company is liable to pay Compensation

New India Assurance Co. Ltd. Vs Smt. Mrunal Makarand Patwardhan (Bombay High Court)

Tyre burst is not an act of God but a consequence of negligence and the Driver/ Insurance company cannot be exonerated for the same....

SC expresses concern over mounting pendency of cases u/s 138 of NI Act & directs establishment of Special Courts in selected cities

In re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 (Supreme Court of India)

The Government legislated the Negotiable Instrument Act in 1991 making cheque bounce a criminal offence. But the delay in disposal of cases frustrated the very spirit of the NI Act....

SC deprecates practice of Insurance Companies to deny genuine & lawful claims of Insured on technical & flimsy grounds

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India)

Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India) It is common knowledge that the Insurance Companies deny the genuine & lawful claims of the Insured on technical & flimsy grounds. Be it vehicle loss/accidental claims or health insurance claims or theft/fire claims, the insurance companies desig...

SC explains Scope of Review Petition- Verdict in Sidhu reviewed

Jaswinder Singh (Dead) Vs Navjot Singh Sidhu & Ors. (Supreme Court of India)

The brief facts of the case are that during a road rage, Gurnam Singh died in a scuffle and Sidhu & his friend faced charges of culpable homicide. The trial court post trial acquitted both the accused in1999 as it was of the view that the death was not caused by subdural haemorrhage and the deceased suffered sudden cardiac arrest under st...

Prosecution of Partners/Directors without arraigning firm/company as accused for dishonour of cheque not maintainable u/s 138 of NI Act: SC

Dilip Hariramani Vs Bank of Baroda (Supreme Court of India)

Dilip Hariramani Vs Bank of Baroda (Supreme Court of India) It is common knowledge that complaint under section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheques are usually made against the directors of the company or the partners of the partnership firm and the company or the partnership firm are not arraigned [&helli...

Apex Court Dictum of automatic vacation of stay in Asia Resurfacing case not applicable in all facts & circumstances

Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India)

Asian Resurfacing of Road Agency P. Ltd. Vs Central Bureau of Investigation (Supreme Court of India) The Apex Court in the historic case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 had ruled that in all civil & criminal cases stay granted by a […]...

High Court deprecates the “Illness Slip” Device

Ram Nath and Ors. Vs Deputy Director Of Consolidation District Hardoi and Ors. (Allahabad High Court)

It is common practice in the District Courts and the High Court for the advocates to pass  "'Illness Slip' and the matter is usually passed over by the Courts. It is likely that the advocate may be unwell but there is also likelihood that the 'illness slip' is just a device/ruse employed by the said advocate to circumvent hearing/further...

SC holds that pure question of Law can be raised for the first time in SLP

Shri Saurav Jain & Anr Vs A. B. P. Design & Anr (Supreme Court of India)

Shri Saurav Jain & Anr Vs A. B. P. Design & Anr (Supreme Court of India) Whenever a new question of law is raised before the Apex Court, it is fiercely contested that there is a bar for raising a new question of law for the first time as the High Court has not dealt […]...

HC deprecates practice of lawyers to abstain from work in Courts

Prafull Kumar Vs State of U.P (Allahabad High Court)

Prafull Kumar Vs State of U.P (Allahabad High Court) It is common knowledge that there is mounting pendency in the Courts. The Judiciary blames the Bar for their disinclination to wrap up the cases by seeking regular adjournments and filing frivolous applications to stall the process of law. The Judiciary is also concerned with the [&hell...

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