Related To vs. Arising Out Of: Key Legal Differences

2023 0 Supreme(All) 17

Recently, this difference was reiterated in Ganapathi v. State of Tamil Nadu, (2018) 5 SCC 549, in the following erms, by referring to the three Judge bench decision in State of Rajasthan v. Kalki (supra): “14. “Related” is not equivalent to “interested”. ... This Court has elucidated the difference between “interested and “related” witness in a plethora of cases, stating that a witness may be called interested only when h....

2023 0 Supreme(Cal) 317

The difference between a murder which is not an accident and a murder which is an accident, depends on the proximity of the cause of such murder. ... The words “arising out of” were not construed to mean “arising under” as in Union of India vs. E.B. ... It may be that an association of the injury with the use of the vehicle while it cannot be said that that use was causally related to the injury may yet be enough to satisf....

2024 Supreme(US)(ca6) 199

See Chitty at § 20-149 (e.g., noting exceptions arising in agency, from covenants relating to land, or through liabilities imposed by legislation). ... That is, even though the JVA contained no terms governing Firexo’s and FGL’s business relationship, it was necessarily foreseeable to Firexo that any lawsuit arising out of or related to its business with FGL (i.e., the distribution of FGL’s fire extinguishers) had to be filed in a court No....

2024 Supreme(US)(ca7) 347

11 or arising in or related to a case under title 11 ... 11, or arising in or related to cases under title 11. ... Section 1334 creates jurisdiction for three potentially rele- vant categories of disputes: those “arising in” bankruptcy lit- igation, those “arising under” the Bankruptcy Code, and those “related to” the resolution of the bankruptcy proceed- ing. .......

2023 0 Supreme(J&K) 692

The difference between a murder which is not an accident and a murder which is an accident, depends on the proximity of the cause of such murder. ... light of the aforesaid circumstances the learned Judges of the High Court have rightly concluded that the collision between the tanker and the other vehicle which had occurred earlier and the escape of petrol from the tanker which ultimately resulted in the explosion and fire were not unconnected but related ......

2023 0 Supreme(SC) 259

That would not make any difference, so long as each has got some interest, direct or indirect, in the business of the other. ... The legislature by application of a de jure test has extended the meaning of "related persons" to include the entire list of relatives per se without more as related persons. ... It is not enough that the assessee has an interest, direct, or indirect in the business of the person alleged to be a related#....

2022 Supreme(Online)(Mad) 47439

The dispute, difference, interpretation or mutual claims accruing or arising from this Agreement and on all matters incidental or related thereto shall be referred to a sole arbitrator who shall be appointed by mutual consent whose decision shall be final and binding on the parties. ... Any dispute, difference, interpretation or mutual claims accruing or arising out of or in connection with this Agreement....

Karnataka

ARBITRATION: In the event of any difference or dispute arising between the parties in regard to this understanding or any matter related thereto, the same shall difference or dispute arising between the parties in regard to this understanding or any matter related thereto, the same shall p style

Section 2 of Ordinance No. 5 of 1852 applies only to actions " arising on or upon a bill of exchange." Here the action does not arise on the promissory note. It arises on the guaranty. It makes no difference that the guaranty was given to cover a loan on a promissory note. ... Now, section 2 of Ordinance No. 5 of 1852 provides that the law to be administered in this Colony in respect of all contracts and questions arising upon or relat....

2023 Supreme(US)(ca2) 31

§§ 1322(d)(9)(C) and 1453(d)(3), applies in this context. 1 Specifically, we hold that this exception applies to the claim that an outsider aided and abetted an insider’s purported breach of fiduciary duty arising from a security and owed to shareholders. ... We conclude that CAFA’s securities-related exception, set forth at 28 U.S.C. ... This Court first grappled with the securities-related exception in Cardarelli. See 527....

2017 0 Supreme(All) 2787

“In the context of motor accidents the expressions "caused by" and "arising out of" are often used in statutes. The liability is not restricted merely to a case where the aforesaid contingencies are caused by the motor vehicle. The definition between 'caused by' and 'arising out of' as well as connotation of the phrase 'arising out of' was considered in Shivaji Dayanu Patil and Another Vs. Vatschala Uttam More (Smt.) (1991) 3 SCC Page 530. In paragraphs 34 to 36 of the afores....

2016 0 Supreme(Jhk) 1357

are arising out of the same incidence and the only difference between the two F.I.Rs. are that the first F.I.R. was lodged immediately after the incident by a private person of the locality and the second F.I.R. was lodged almost after three years at the instance of Department of Vigilance. The second F.I.R. was lodged under Prevention of Corruption Act besides the provisions of Indian Penal Code but none of the provision of Prevention of Corruption Act has any application ag....

2012 0 Supreme(Bom) 291

4. The Arbitrator was appointed to adjudicate the dispute and difference between the parties. Both the parties acted and proceeded and so also the Arbitrator. It covers all the disputes between the parties arising out of and related with the contract.

2008 0 Supreme(Mad) 3516

Both the petitioners decided to invest the capital gains in the bonds for the purpose of availing benefit of exemption under Section 54EC of the Act. Section 54EC deals with capital gains not be to be charged on investment in certain bonds. So the taxable capital gains for the assessment year 20072008 worked out to Rs.39,50,14,349/-. Out of this, Rs. 41.63 crores was towards sale of land and Rs.50 lakhs was towards sale of building. The capital gain arising out of the transaction wor....

1999 10 Supreme 378

Section 425 of the new Act uses the expression “arising out of that agreement and the arbitral proceedings”. There is a difference between the expressions “arising out of” and that “relating to”. There is no difference between the expression “arising out” or “in relation to” or “arising out of” which are expansive expressions and also rather interchangeable. As to what these expressions mean, reference may be made to decisions of the Supreme Court in M/s. Do....