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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.

Consumer Protection Act, 1986 – Sections 12 and 24A – Banking Regulation Act, 1949 – Imposition of costs -the Society would now be required to pay stamp duty at an enhanced rate, that by itself does not give any entitlement to seek relief against the Appellant

SUPREME COURT OF INDIA DIVISION BENCH THE MANAGER, THE MAHARASHTRA STATE COOPERATIVE BANK LTD — Appellant Vs. FARMER BANK EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD. AND OTHERS — Respondent ( Before…

East Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional

SUPREME COURT OF INDIA FULL BENCH RAM KRISHAN GROVER AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ranjan Gogoi, CJI, L. Nageswara Rao…

Arbitration and Conciliation Act, 1996 – Section 11(6) – Contract Act, 1872 – Section 62 – Alteration of contract – As the very jurisdiction of the arbitrator is dependent upon the existence of the arbitration clause under which he is appointed, the parties have no right to invoke a clause which perishes with the contract.

SUPREME COURT OF INDIA DIVISION BENCH WAPCOS LIMITED — Appellant Vs. SALMA DAM JOINT VENTURE AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

Enforcement of the foreign award in Delhi High Court – Contempt petition – Disobeying the orders – Malvinder Mohan Singh (Contemnor Nos.9 and 12) and Shivinder Mohan Singh, (Contemnor Nos.10 and 13) have knowingly and wilfully violated the orders of this Court dated 11.08.2017, 31.08.2017 and 15.02.2018 as continued on 23.02.2018 – Therefore, this Court hold both of them guilty of committing Contempt of this Court

SUPREME COURT OF INDIA FULL BENCH VINAY PRAKASH SINGH — Appellant Vs. SAMEER GEHLAUT AND OTHER RESPONDENT ( Before : Ranjan Gogoi, CJI, Deepak Gupta and Sanjiv Khanna, JJ. )…

Insolvency and Bankruptcy Code, 2016 – Section 62 – Mumbai Municipal Corporation Act, 1888 – Section 92 and 92A -Resolution plan – Section 238 cannot be read as overriding the MCGM’s right – Indeed its public duty ­ to control and regulate how its properties are to be dealt with exists in Sections 92 and 92A of the MMC Act – there can be no estoppel against the express provisions of law .

SUPREME COURT OF INDIA FULL BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) — Appellant Vs. ABHILASHLAL AND OTHERS — Respondent ( Before : Arun Mishra, Vineet Saran and S. Ravindra…

Hindu Marriage Act, 1955 – Sections 5(v), 7 and 7(1) – Special Marriage Act, 1954 – Section 24 – Evidence Act, 1872 – Sections 101, 102 and 103 – Suit for partition – Certificate of registration of marriage – In the agreement of marriage, it is only stated that both parties are of same caste and with the permission and consent of both of their fathers, they have entered into this agreement of marriage – This type of marriage is not recognized in law as Section 7 of the Act

SUPREME COURT OF INDIA DIVISION BENCH RATHNAMMA AND OTHERS — Appellant Vs. SUJATHAMMA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal…

Service Matters

All India Services Act, 1951 – Section 3 – Indian Administrative Service (Appointment by Promotion) Regulations, 1955 – Regulations 5(1), 5(2), 5(4), 5(5), 6, 6A and 7 – Review of promotions made to the Indian Administrative Service (IAS) for the year 2004 – High Court was not right in holding that the Selection Committee has miserably failed to assess all the aspects of the case in their proper perspective and that the promotions made to the IAS for the vacancies of the year 2004 is vitiated and the same is to be reviewed. Judgement set aside.

SUPREME COURT OF INDIA FULL BENCH UNION PUBLIC SERVICE COMMISSION — Appellant Vs. JAWAHAR SANTHKUMAR AND OTHERS — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

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