Month: July 2019

Accident—Loss of Future Earning—Non earning victim—Legal principles laid down Accident—Speedy disposal of Claim Petitions—Directions issued for establishment of Motor Accidents Mediation Authority in every district Accident—Speedy disposal of Claim Petitions—Police to complete investigation and file FIR and provide all documents in form of evidence to MACT and Insurance Company—Insurance Company to decide within 30 days whether claim is payable otherwise MACT to decide petition within 30 days

2019(2) Law Herald (SC) 1658 : 2019 LawHerald.Org 940: 2019) 1 ACC 730 : (2019) 1 ILR(Kerala) 883 : (2019) 2 JBCJ 35 : (2019) 2 KerLJ 253 : (2019)…

Consumer—Revision petition against an order passed by State Commission in execution proceedings before National Commission is not maintainable Execution Petition—Execution proceedings even though they are proceedings in a suit, but cannot be considered to be a continuation of the original suit

2019(2) Law Herald (SC) 1584 : 2019 LawHerald.Org 1016 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Service Matters

Advocates—An advocate cannot work merely as mouth piece of his client while making presentation before the Court—He must tell the Court the correct position of law The College being affiliated to the University was bound by the provisions of the Act with its attendant consequences for noncompliance-Order of termination, passed without approval of Vice chancellor in violation of statutory rules, set aside.

2019(2) Law Herald (SC) 1578 : 2019 LawHerald.Org 1015 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 4794…

You missed

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.