NEWS BRIEFS

DATE : 24th September 2020

1. Madras HC Issues Guidelines For Settlement Of Just Accident Compensation

Under MV Act

In order to minimize false claims and illegal practices in the matter of settlement of accident
claims, the Madras has on Wednesday issued detailed guidelines for the settlement of just
compensation.

The guidelines were issued by a Bench compromising Justice SM Subramaniam in an appeal

pertaining to false claim.

The insurance company had approached the High Court against an order of the Claims Tribunal
granting compensation to the Respondent-victim, stating that the very factum regarding the
accident was not even established beyond any pale of doubt.

It was submitted that the respondent's vehicle in question was not involved in the accident. The
claimant had not given Registration number of the vehicle in question alleged to have been
involved, while taking treatment. And he had given a wrong Registration number of his vehicle,
while lodging the belated FIR
The Registry, High Court of Madras, is directed to list the matter for Reporting Compliance on
18.01.2021.
https://www.livelaw.in/news-updates/madras-hc-issues-guidelines-for-settlement-of-just-
accident-compensation-under-mv-act-read-order-163418

https://www.thehindu.com/news/national/tamil-nadu/hc-brings-about-shift-in-accident-
compensation-claim-procedures/article32680739.ece

https://www.pressreader.com/india/the-hindu/20200924/281779926561488

https://www.dtnext.in/News/City/2020/09/24010627/1252758/Upload-details-on-CCTNS-
within-90-days-of-accident.vpf

https://theworldnews.net/in-news/hc-brings-about-shift-in-accident-compensation-claim-
procedures

https://www.scconline.com/blog/post/tag/high-court/

2. 'Interrogation Not Necessary': Kerala HC Grants Pre-Arrest Bail To Christian

Preacher Accused Of Promoting Religious Enmity
The Kerala High Court on 22nd September (Tuesday) granted anticipatory bail to Christian
preacher who has been accused of promoting religious enmity.

The Single Bench of Justice Ashok Menon was hearing the pre-arrest bail plea of an applicant,
who has been arrayed as an accused in Crime No.582/2020 of Ernakulam Central Police Station
for having allegedly committed offences punishable under Section 153A of the IPC.

Prosecution's Case

The prosecution case, in brief, was that the applicant had been propagating his religious thoughts
through the YouTube channel and while speaking in favour of Christianity, he has been
promoting enmity between different groups on the ground of Religion.

It was alleged that he has been criticizing the preachers of Islam in such a manner that he was
spreading disharmony or feelings of enmity, hatred or ill-will between persons belonging to
Islam and Christianity and thus committed an offence punishable under Section 153A IPC.

https://www.livelaw.in/news-updates/kerala-hc-grants-pre-arrest-bail-to-christian-
preacher-accused-of-promoting-religious-enmity-163419

https://www.barandbench.com/news/litigation/kerala-hc-grants-pre-arrest-bail-to-person-
accused-of-hate-speech-youtube

https://www.indialegallive.com/constitutional-law-news/courts-news/kerala-high-court-
grants-advance-bail-to-man-accused-of-promoting-religious-enmity/

3. Parliament Clears Bill To Permit Netting of Qualified Financial Contracts

The Rajya Sabha on Tuesday passed the Foreign Contribution (Regulation) Amendment Bill,
2020 to regulate the acceptance and utilisation of foreign contributions by individuals,
associations and companies.

The Bill was passed unopposed as the Opposition Members had staged a walk out, in protest to
passing of the Farmers' Bills.

It amends the Foreign Contribution (Regulation) Act, 2010 to prohibit acceptance and utilisation
of foreign contribution or foreign hospitality for any activities detrimental to the national interest.

While introducing the Bill, Nityanand Rai, MoS Home Minister, said,

"Annual inflow of foreign contribution has almost doubled between the years 2010 and 2019, but
many recipients of foreign contribution have not utilised the same for the purpose for which they
were registered or granted prior permission under the said Act. Therefore, there is a need to
streamline the provisions of the said Act by strengthening the compliance mechanism, enhancing
transparency and accountability in the receipt and utilisation of foreign contribution."
https://www.livelaw.in/news-updates/parliament-clears-bill-to-permit-netting-of-qualified-
financial-contracts-read-bill-163424

https://economictimes.indiatimes.com/news/economy/policy/parliament-passes-bilateral-
netting-of-qualified-financial-contracts-bill/articleshow/78270943.cms?
from=mdr#:~:text=NEW%20DELHI%3A%20Parliament%20on%20Wednesday,passed
%20the%20bill%20on%20Sunday.&text=Value%20of%20bilateral%20derivative
%20contracts,crore%20as%20of%20March%202018.%22

https://www.thehindu.com/news/national/parliament-passes-bilateral-netting-of-qualified-
financial-contracts-bill/article32675244.ece

https://www.oneindia.com/india/explained-what-is-bilateral-netting-of-qualified-financial-
contracts-bill-2020-3153204.html

https://www.businesstoday.in/current/economy-politics/parliament-passes-bilateral-
netting-of-qualified-financial-contracts-bill/story/416824.html

https://www.ndtv.com/india-news/parliament-passes-bilateral-netting-of-qualified-
financial-contracts-bill-2299793

4. 'Give 7 Days' Advance Notice Before Arrest', P&H HC Grants Interim Relief To
Former Punjab DGP Sumedh Saini

The Punjab and Haryana High Court on Wednesday (23rd September) directed the Punjab State
government to issue one week advance notice to the former Director-General of Police (DGP),
Sumedh Singh Saini before arresting him (in case, the state contemplates to do so in a criminal
case against him) so as to enable him to have recourse to remedies available to him in
accordance with the law.

The Single Bench of Arun Kumar Tyagi was hearing an application filed by Saini, under Section
482 of the Code of Criminal Procedure, 1973 for extending the protection granted by this Court
vide order dated 11.10.2018 to any incident pertaining to the entire service career of the
applicant/petitioner.

Notably, vide order dated 11.10.2018, Saini was granted the relief that in case the petitioner is
sought to be arrested in any case pertaining to an incident of the period while the petitioner
remained as State Vigilance Head or Inspector General of Police, Intelligence, Punjab or
Director-General of Police Punjab, then one-week advance notice shall be afforded to the the
petitioner before effecting his arrest so as to enable him to have recourse to remedies available to
him.
In the present matter, notice was issued. The State Counsel accepted notice on behalf of
respondents No.1-State and sought time to file a reply to the application. Thereafter, the matter
was adjourned to 08.10.2020.

https://www.livelaw.in/news-updates/give-7-days-advance-notice-before-arrest-ph-hc-grants-
interim-relief-to-former-punjab-dgp-sumedh-sainiread-order-163425

https://www.outlookindia.com/newsscroll/exdgp-skips-appearance-before-sit-gets-relief-from-
high-court/1941653#:~:text=Chandigarh%2C%20Sep%2023%20(PTI),a%20junior%20engineer
%20in%201991.

https://www.hindustantimes.com/cities/give-week-s-notice-before-arrest-high-court-tells-punjab-
on-plea-of-ex-dgp-saini/story-3SPPBCAChzTq0lSpzzJSEI.html

https://www.tribuneindia.com/news/punjab/punjab-and-haryana-hc-grants-former-punjab-dgp-
sumedh-singh-saini-saini-interim-relief-145422

https://www.barandbench.com/news/litigation/sumedh-singh-saini-ph-hc-grants-former-dgp-
interim-relief

https://www.news18.com/news/india/ex-dgp-skips-appearance-before-sit-gets-relief-from-high-
court-2902779.html

5. [E-Lok Adalat] Karnataka State Legal Service Authority Settles 1,15,925 Cases

total of 1,15,925 cases -- 1,07,617 pending, 7,383 pre-litigation, and 925 cases pending in the
High Court -- were resolved at the mega e-Lok Adalat held on Saturday, (September 19).

As per a press release issued by the Karnataka State Legal Services Authority states that in all,
2,31,303 cases were identified and 875 benches were constituted throughout the state for
conducting the e-Lok Adalat.

Total settled amount was to the tune of Rs 357.64 crore, of which Rs 27.33 crore was recovered
as fine, penalty and compoundable fee, and credited to the State government. The rest — Rs
330.3 crore — was paid to claimants in motor vehicle accident cases under the Negotiable
Instruments Act and other civil cases.

The mega e-Lok Adalat was inaugurated by Supreme Court judge, Justice N V Ramana who is
also the Executive Chairman of NALSA
https://www.livelaw.in/news-updates/e-lok-adalat-karnataka-state-legal-service-authority-
settles-115925-cases-163426

https://www.barandbench.com/news/litigation/115925-cases-mega-e-lok-adalat-karnataka-state-
legal-services-authority-hc-legal-services-committee

https://kanooniyat.com/2020/09/mega-e-lok-adalat-settles-115925-cases-conducted-by-
karnataka-state-legal-services-authority-and-hc-legal-services-committee/

https://www.indialegallive.com/top-news-of-the-day/news/mega-e-lok-adalat-inaugurated-by-
justice-ramana-in-karnataka/

https://www.newindianexpress.com/states/karnataka/2020/sep/23/karnataka-disposes-of-rs-115l-
cases-in-e-lok-adalat-2200583.html#:~:text=BENGALURU%3A%20Karnataka%20disposed
%20of%201.15,Chairman%20of%20Karnataka%20State%20Legal

http://lawwarriors.co.in/115925-cases-settled-in-mega-e-lok-adalat/