April 2024 - Page 2 of 2 - Lawwatch : Legal Resources for Advocates

SC’s Principles for Condonation of Delay in Appeals

By K Rajasekharan 9 April 2024Criminal Laws & Procedures

In Pathapathi Subba Reddy (Died) By Legal Heirs & Others v Special Deputy Collector (LA), the Supreme Court (SC) laid down eight principles to be followed while seeking condonation of delay in filing appeals, by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.

Suppression of Facts & Repudiation of Insurance Claim

By K Rajasekharan 9 April 2024Insurance Law

Suppression of details regarding the illness suffered by the insurance proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the proposer/assured regarding the same, the Insurance Company would be entitled to repudiate the policy, says the Kerala High Court in Life Insurance Corporation v Rosamma Varkey.

Evidence must be Construed in favour of the Accused

By K Rajasekharan 5 April 2024Criminal Laws & Procedures

On the basis of evidence on record in a court proceeding, if two equally sustainable views - one in favourable to the accused and the other against him - are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka

Stay Orders will not Expire in Six months: SC

By K Rajasekharan 5 April 2024Civil Cases & Proceedures, Criminal Laws & Procedures

In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.