Insurance Company, an instrumentality of the state, has to conform to the constitutional mandate to act fairly and reasonably under all circumstances even if their business dealings are in the realm of contract. Kerala HC binds insurance company with liability to pay for repudiating a claim of insurance on the ground of violation of provisions of MV Act as the insured vehicle was stolen after expiry of temporary registration. The Court held that in the absence of any statutory provision/clause...

Advance payment via cheque without there being subsisting debt or liability at the time of the cheque's issuance does not attract an offence under Section 138 of Negotiable Instruments Act. Post dated cheques issued in consideration for future share transfers were dishonoured as the agreement between the parties fell through. Both sides did not seek enforceability of its terms. When the party respondent instead of getting the terms of the agreement implemented through the process of law, ha...

The Forest (Conservation) Amendment Act, 2023 (No. 15 of 2023) Forest (Conservation) Act, 1980 has been amended vide Forest (Conservation) Amendment Act, 2023. Commencement date of the Act is yet to be notified . For full textclick here The Cinematograph (Amendment) Act, 2023 (No. 12 of 2023) Cinematograph Act, 1952 has been amended vide Cinematograph (Amendment) Act, 2023. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. For...

Affinity Test cannot be applied as a litmus test to determine a tribe: Supreme Court The claim of an MBBS student who belonged to ‘Mana’ Scheduled Tribe against MBBS seat reserved for Scheduled Tribe was dismissed by the Scheduled Tribe Caste Certificate Scrutiny Committee. Supreme Court reversing the said finding declared that the appellant belongs to ‘Mana’ Scheduled Tribe and stated that Affinity Test cannot be applied as a litmus test to determine a tribe because wit...

[Modi Surname Defamation case] Stay on conviction of Rahul Gandhi: Supreme Court remarked that since no reason has been given by the trial judge for imposing maximum sentence, order of conviction needs to be stayed pending final adjudication. The Court also observed that when offence is non-cognisable, bailable, compoundable, trial judge is expected to give reasons for imposing maximum sentence. Rahul Gandhi v. Purnesh Ishwerbhai Modi Hon’ble Justice B.R. Gavai,Hon’ble JusticeHon&r...