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liability

Home - liability

accident
Posted inNews

Supreme Court of India holds state liable for accident involving requisitioned vehicle — “Control determines liability, not ownership,” insurance company absolved

Court’s decision The Supreme Court of India dismissed the appeal and upheld the High Court’s ruling that liability for compensation in a motor accident involving a requisitioned vehicle rests with…
Posted by Rawlaw March 25, 2026
liability
Posted inNews

Delhi High Court upholds interest-first appropriation in arbitral award execution — “Executing court cannot rewrite award, municipal liability frozen and payable in instalments”

Headnote Arbitration and Conciliation Act, 1996 – Sections 31(7), 36 – Code of Civil Procedure, 1908 – Order XXI Rule 1 – Execution of arbitral award – Appropriation of payments…
Posted by Rawlaw December 27, 2025
debt due
Posted inNews

Kerala High Court Clarifies “Debt Due” Under SARFAESI Act Must Include Future Interest — “Liability Is Continuous Until Full Discharge”

Court’s Decision The Kerala High Court, in a significant ruling delivered by Justice Mohammed Nias C.P., held that for the purpose of computing the mandatory pre-deposit under Section 18(1) of…
Posted by Rawlaw October 29, 2025
liquidation
Posted inNews

Delhi High Court: “Company Court Cannot Shield Guarantors After Winding Up — Liability of Personal Guarantors Is Independent and Continues Even After Liquidation”

Court’s Decision The Division Bench of the Delhi High Court comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar dismissed a company appeal filed by the personal guarantors of a…
Posted by Rawlaw October 10, 2025
consumer fora
Posted inNews

Supreme Court: “Consumer Fora Cannot Rewrite Terms of Insurance Policy” — Insurer’s Liability Limited to Policy Coverage, Not Beyond Contractual Terms

Court’s Decision The Supreme Court allowed the appeal filed by the insurance company, setting aside the concurrent findings of the District Consumer Disputes Redressal Forum, the State Commission, and the…
Posted by Rawlaw October 8, 2025
Supreme-Court-Restores-Insurers-Liability-in-Motor-Accident-Claims-Person-Travelling-With-Their-Goods-in-a-Vehicle-Cannot-Be-Treated-as-a-Gratuitous-Passenger-Possession-Without-Registration-Transfer-Does-Not-Shift-Ownership
Posted inNews

Supreme Court Restores Insurer’s Liability in Motor Accident Claims: “Person Travelling With Their Goods in a Vehicle Cannot Be Treated as a Gratuitous Passenger” Possession Without Registration Transfer Does Not Shift Ownership

Court’s Decision The Supreme Court allowed the appeals filed by the ostensible owner-driver of a goods vehicle involved in a fatal accident, setting aside the Chhattisgarh High Court’s order absolving…
Posted by Rawlaw August 12, 2025
cheque dishonour
Posted inNews

Calcutta High Court Convicts Borrower for Cheque Dishonour Under Negotiable Instruments Act: “Even Cheque Issued as Security Can Be Enforced” – Court Finds Denial of Liability Unsubstantiated

Court’s Decision The Calcutta High Court allowed the appeal filed under Section 372 of the Code of Criminal Procedure challenging the acquittal of the accused in a cheque dishonour case…
Posted by Rawlaw July 16, 2025
cheque bounce, ibc
Posted inNews

Bombay High Court Quashes Cheque Bounce Cases Under Negotiable Instruments Act Against Former Directors as Moratorium Under Insolvency Code Barred Proceedings, Emphasises “No Liability Without Control Over Company Affairs”

Court’s Decision The Bombay High Court, Nagpur Bench, quashed criminal proceedings under Section 138 read with Section 141 of the Negotiable Instruments Act against the former directors of Venus Rolling…
Posted by Rawlaw July 6, 2025
cheque dishonour
Posted inNews

Himachal Pradesh High Court Upholds Conviction for Cheque Dishonour, Holding Issuance of Security Cheques Also Attracts Liability Under Negotiable Instruments Act When Presumption Remains Unrebutted Despite Contradictory Defence

Court’s Decision The Himachal Pradesh High Court dismissed the criminal revision and upheld the conviction and sentence imposed on the petitioner under Section 138 of the Negotiable Instruments Act. The…
Posted by Rawlaw July 6, 2025
temple elephant insurer liability
Posted inNews

Kerala High Court Holds Insurer Liable for Injuries Caused by Temple Elephant: “Insurer Cannot Defeat Liability by Relying on Limitation When Claim Is Based on Contract of Indemnity” — Trial Court’s Exoneration of Insurer Set Aside

Judgment Name: Kuttankulangara Devaswom v. C.P. Raghava Pisharadi & Ors. Date of Judgment: 18 June 2025Coram: Justice C. Pratheep KumarCourt: High Court of Kerala, Ernakulam Court’s Decision The Kerala High…
Posted by Rawlaw June 19, 2025

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