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Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Deduction of Mediclaim benefits — Motor Accidents Claims Tribunal — Award of compensation — Mediclaim policy is a contract of insurance purchased by an individual to cover uncertainties of life, with no specific accidental coverage — Compensation under Motor Vehicles Act is a statutory remedy arising from negligence and injury — Mediclaim reimbursement is a contractual benefit independent of the Motor Vehicles Act claim — Deduction of Mediclaim benefits would denude claimant of benefits from premiums paid and unduly benefit insurer of offending vehicle — Compensation awarded under Motor Vehicles Act is a beneficial legislation intended to put the injured in the position as if the accident had not occurred — Medical expenses claimed and paid under Mediclaim are not deductible from compensation awarded by the Tribunal under the Motor Vehicles Act — These two stand on different footing; one is statutory, the other is contractual. Hindu Succession Act, 1956 — Proviso to Section 6 (erstwhile) and Section 8 — Devolution of interest on Class I heirs upon intestate death of a male — If a male Hindu dies intestate leaving a Class I female heir, his interest in coparcenary property devolves by intestate succession under Section 8 and not by survivorship — A notional partition is deemed to take place for ascertaining the deceased’s share. Medical Education — Relocation of Students — Financial Liability — Supreme Court intervened to protect academic future of students admitted to a college (SRMCH) facing deficiencies, by directing their relocation to other recognized colleges — The primary issue became the financial liability for the education provided at the transferee colleges. Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment. Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.

Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Deduction of Mediclaim benefits — Motor Accidents Claims Tribunal — Award of compensation — Mediclaim policy is a contract of insurance purchased by an individual to cover uncertainties of life, with no specific accidental coverage — Compensation under Motor Vehicles Act is a statutory remedy arising from negligence and injury — Mediclaim reimbursement is a contractual benefit independent of the Motor Vehicles Act claim — Deduction of Mediclaim benefits would denude claimant of benefits from premiums paid and unduly benefit insurer of offending vehicle — Compensation awarded under Motor Vehicles Act is a beneficial legislation intended to put the injured in the position as if the accident had not occurred — Medical expenses claimed and paid under Mediclaim are not deductible from compensation awarded by the Tribunal under the Motor Vehicles Act — These two stand on different footing; one is statutory, the other is contractual.

Held, petitioner-herein will come within the definition of the expression “party” appearing in the 5th proviso to Clause (c) of Sub-section (1) of Section 434 of the Companies Act, 2013 and that the petitioner is entitled to seek a transfer of the pending winding up proceedings against the first respondent, to the NCLT

SUPREME COURT OF INDIA FULL BENCH M/S KALEDONIA JUTE AND FIBRES PRIVATE LIMITED — Appellant Vs. M/S AXIS NIRMAN AND INDUSTRIES LIMITED AND OTHERS — Respondent ( Before : S.A.…

Delhi Special Police Establishment Act, 1946 – There are no pleadings by the public servants with regard to the prejudice caused to them on account of non-obtaining of prior consent under Section 6 of the DSPE Act qua them specifically in addition to the general consent in force, nor with regard to miscarriage of justice – No reason to interfere with the finding

SUPREME COURT OF INDIA DIVISION BENCH M/S FERTICO MARKETING AND INVESTMENT PVT. LTD. AND OTHERS ETC. — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER ETC. — Respondent ( Before…

(CPC) – Section 100 – HELD Formulation of substantial question of law or reformulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any substantial question of law – High Court is not obliged to frame substantial question of law

SUPREME COURT OF INDIA FULL BENCH KIRPA RAM (DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS — Appellant Vs. SURENDRA DEO GAUR AND OTHERS — Respondent ( Before : L. Nageswara Rao,…

Misbranded drugs – Feeble attempt to show compliance with Drugs Act by alleged purchase of the samples under Form 14A to the counter affidavit from an unknown source and date must be rejected outright as an attempt to create evidence where none exists – High Court therefore erred in dismissing the writ petition on grounds of delay – Appeal allowed

SUPREME COURT OF INDIA FULL BENCH VETINDIA PHARMACEUTICALS LIMITED — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R.F. Nariman, Navin Sinha and Krishna Murari,…

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