On Preventing Arrests in Violation of Law

Every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil v Central Burea of Investigation & Another within one week of recording such non-compliance.

Motor Vehicle Compensation for a Child

In an accident the compensation is assessed based on his earning capacity and his age. But when a child dies in an accident, then while deciding the compensation child’s educational qualification, his performance in school will have to be considered. If the child was good in his studies, then he would get more compensation. But there is no standard way of calculating claim in case of death of a child.

Proving Unsoundness of Mind of Executant of a Sale Deed

n proving that an executant in a sale deed is of sound mind, mere production of a medical certificate is not enough while determining the mental state at the time of the execution of a sale deed, and capacity of the executant, but the opinion of the doctor who treated the executant brought on record by examining and cross examining him in the court is necessary, the High Court of Kerala states in Kunhalima vs Mahammed [2024(3)KHC SN 15(Page No 70].

Suppression of Facts & Repudiation of Insurance Claim

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.

Difference between the terms illegal & unlawful

The terms illegal and unlawful have slight difference in meanings, as per Oxford English dictionary. But nowadays both terms are often used interchangeably. Something that is Illegal is against the law in force such as illegal immigrants, whereas an unlawful act merely contravenes the rules that apply in a particular context such as an unlawful assembly. The term unlawful often implies an act that is done without lawful justification or authority.

Appeal can be Filed in case of no Reply under RTI

The failure of the State Public Information Officer (SPIO) of a Public Authority to provide information to the applicant within the specified period of 30 days under Section 7 (1) of the Right to Information Act (RTI) shall be deemed to be a refusal of request. The Section 7(1) of the RTI provides for disposal of the request for information within 30 days of the request by either providing it or rejecting the application.

Making a Complaint to the Consumer Commission

A consumer, aggrieved by a consumer dispute, can file a complaint in consumer dispute redressal commission at the district level called District Commission or at the state level called State Commission or at the national level called National Commission, depending on the value of the money involved in the dispute.