In New India Insurance Co. Ltd v. Shanti Misra (1975), a road accident occurred before a Claims…
In Shanti Misra (1975), the Court said a claimant "will have a vested right of action but not a vested right of forum". A change of forum is procedural and operates…
Choose your answer
In New India Insurance Co. Ltd v. Shanti Misra (1975), a road accident occurred before a Claims Tribunal was constituted under the Motor Vehicles Act, 1939, and the claim was filed after it was constituted. What principle did the Supreme Court apply about the change of forum?
Answer and explanation
Correct answer D
In Shanti Misra (1975), the Court said a claimant "will have a vested right of action but not a vested right of forum". A change of forum is procedural and operates retrospectively, so the claim lay before the Claims Tribunal. Treating the forum as a vested right would have kept the civil court's jurisdiction alive, which the Court rejected.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision