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High Court Allows Appeal in Motor Accident Claim; Sets Aside Finding of Negligence Under Section 163-A of Motor Vehicles Act. Compensation Enhanced as Negligence Defense Not Available in No-Fault Claims Under Section 163-A.

This appeal arose from a claim petition filed by the dependants of a lorry driver who died in a road accident. The deceased, Saleth Raj, was driving h...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Bombay High Court Allows Mentally Challenged Person to Donate Kidney to Brother Under Transplantation of Human Organs and Tissues Act, 1994 — Natural Guardians Can Give Consent for Organ Donation by Mentally Incompetent Donor.

The petitioners, Ganpatrao Pawar and his wife Suman, are parents of two sons: Amol (petitioner no. 3), who is mentally challenged and represented by h...

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High Court of Karnataka Allows Condonation of Delay in Filing Written Statement — Petitioner's Right to Defend Not to Be Defeated by Technicalities. Delay of 312 days condoned as sufficient cause shown and no prejudice caused to respondents.

The petitioner, a retired judge, was a defendant in O.S. No. 171/2014 pending before the Senior Civil Judge and CJM, Mangaluru. The suit was filed by ...

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Supreme Court Clarifies Tests for Determining Public Character of Temples in Dispute Over Temple Ownership. Factors Include Public Worship Rights, Contributions, and Management Consciousness; Architectural Appearance Not Decisive.

The Supreme Court, in this appeal arising from a Bombay High Court decree, examined the criteria for distinguishing a public temple from a private one...

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Supreme Court Dismisses Assessee's Appeal Against Inclusion of Interest Credits as Taxable Income Under Section 4(1)(a) of Income-tax Act, 1922. Mercantile System Credit Entries for Interest from Own Shop in Native State Treated as Income Received in British India.

The assessee, ordinarily resident in British India, carried on business at Khurja and Aligarh in India and at Chistian in the Indian State of Bahawalp...