Tag Archives: claim

Limitation Act not applicable to Insolvency Code: NCLAT

The National Company Law Appellate Tribunal recently ruled that the Limitation Act, 1963 is not applicable to the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) as the latter is not a code for recovery of money claim, rather it relates … Continue reading

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Courts should give preclusive effect to TTAB decisions: USSC

The Supreme Court of the United States held that a court should give preclusive effect to Trademark Trial and Appeal Board (TTAB) decisions in a suit for trademark infringement if the ordinary ele­ments of issue preclusion are met. “So long … Continue reading

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Registered owner not liable: SC

The Supreme Court of India has clarified that the registered owner of a vehicle should not be held liable for a claim if the vehicle is not in his possession and control. In this case, the Large Bench of the … Continue reading

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Principle of Composite Negligence be followed in a third party claim: SC

A Large Bench of the Supreme Court of India clarified that where the claimant is a third party (other than the driver/owner of the vehicles involved in the accident) the correct principle for determination of the liability is that of … Continue reading

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‘Intermeddler’ can be considered legal representative under MACT Act: SC

Interpreting the term ‘legal representative’ broadly, a Large Bench of Supreme Court of India ruled that even an “intermeddler” can be considered as a legal representative of the deceased under Motor Vehicle Accident Claims Act (“MACT”). Relying on a full … Continue reading

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Insurance Cos still liable in cases of non-endorsement of commercial vehicle in driving license: SC

The Supreme Court of India ruled that an insurance company cannot disown its liability on the ground that the driver of the vehicle (although duly licensed to drive light motor vehicle) did not endorse in the license to drive light … Continue reading

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Supreme Court issue guidelines on the question of when should a claim of juvenility be recognised

A larger Bench of the Supreme Court of India issued the following guidelines on the question of when should a claim of juvenility be recognised and sent for determination when it is raised for the first time in appeal or … Continue reading

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