Legal Representative Archives

Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother

The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.

Case Briefs Supreme Court

‘Amount deposited with the Registry should be deposited with banks to avoid loss’; Supreme Court asks Courts/Judicial Forums to frame guidelines

In a builder-home buyers’ dispute, the Supreme Court agreed with the builder ‘s argument that the rule embodied in Order XXI, Rule 4 of CPC, was applicable and the builder could not be fastened with any legal liability to pay interest after April 2005. The bench further opined that all courts and judicial forums should frame guidelines in cases where amounts deposited with the office or registry of the court or tribunal, should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future.

Case Briefs High Courts

Delhi High Court holds assessment order passed under IT Act against the deceased assessee without bringing on record all his legal heirs as void

Delhi High Court: In a case, where petition was filed by a son against the assessment order and the notice

Case Briefs High Courts

Ker HC | “No matter how old she may be, sometimes a girl just needs her mom.” HC holds a married daughter and maternal parents are entitled to claim compensation under MV Act

Kerala High Court: C.S. Dias, J., held that a married daughter and parents of the deceased woman are legal representative under the

Case Briefs High Courts

Bom HC | Whether separate earnings of a widow disentitle her from claiming compensation in a case of a vehicular accident? Read the interesting aspects: Whether remarriage, number of dependents, etc. will have an impact in claim petitions

Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has

Case Briefs Foreign Courts

SL SC | Legal representative has the right to continue the suit but he cannot claim anything for which the original plaintiff was not entitled

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Full Bench of Buwaneka Aluwihare, Vijith K. Malalgoda, and S. Thurairaja, JJ.