Supreme Court of India Judgements

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Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month. Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period. Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later. Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Accident
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
State Laws
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Specific Performance
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Property Matters

Punjab Pre-emption Act, 1913 – Section 8(2) – Right to pre-emption – It has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or only limited right will exist in any local area or with respect to any land or property or class of land or property – it is abundantly clear that the land and the immovable property are two different terms. The immovable property is more than the land on which certain construction has been made. Guidance can also be taken from the definition of immovable property, as provided in Section 3(26) of the General Clauses Act, 1897, which includes land, means something more than the land.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAGMOHAN AND ANOTHER — Appellant Vs. BADRI NATH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal…

I P C

Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there – Prosecution has not been in a position to establish that A-3 shared the common intention with the other accused to cause the murder of the deceased – Appeal of A-3 is allowed by altering the conviction under Section 302 to Section 304 Part II IPC.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VELTHEPU SRINIVAS AND OTHERS — Appellant Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER — Respondent ( Before : B.R. Gavai…

I P C

Rape with a 7 year old girl in temple – Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime – in terms of the provisions under Section 376 AB, IPC when a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, the convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim – Conviction under Section 376 AB, IPC was upheld with the sentence modified to 30 years of rigorous imprisonment – Petition partly allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGGI @ BHAGIRATH @ NARAN — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…

Customs & Excise

Under sub-section (1) of Section 75A of the Customs Act, where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback -Since there was belated refund of the duty drawback to the respondent, it was entitled to interest at the rate which was fixed by the Central Government at the relevant point of time being fifteen percent.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S. B. T. PATIL AND SONS BELGAUM (CONSTRUCTION) PVT. LTD. — Respondent ( Before : Abhay…

POCSO

Accused-appellant also providing for the day-to-day expenses of the victim and her child and therefore, further imprisonment will impact not only his family but also the victim’s – Ends of justice would be met if the period of imprisonment awarded against the accused-appellant is reduced to the period already undergone by him – Conviction u/s. u/S. 3(a) r/w Sec. 4 of the POCSO Act, 2012 is hereby confirmed – Sentence imposed by the Sessions Court and confirmed by the High Court is hereby modified and reduced to the period already undergone – Appeal allowed in part.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASEKAR — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 323 and 325 – Grievous injury – Reduction of sentence – Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the Impugned Order is modified to the extent that the Appellants’ sentence is reduced to the period already undergone i.e., 1 (one) month; and 3 (three) days.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABDUL JABBAR — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 420, 498A and 506 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Quashing of criminal proceedings – Phenomenon of false implication by way of general omnibus allegations in the course of matrimonial disputes is not unknown to this Court – A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the Appellants are wholly general and omnibus in nature; even if they are taken in their entirety, they do not prima facie make out a case against the Appellants

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAMIDI ANIL KUMAR REDDY — Appellant Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra…

Service Matters
Service

Gujarat Civil Services (Pension) Rules, 2022 – Rule 25 – Pension – It is well settled that pension scheme(s) floated by the State Government form a part of delegated beneficial legislation; and ought to be interpreted widely subject to such interpretation not running contrary to the express provisions of the Pension Rules – Furthermore, it would be relevant to underscore that the State Government is a model employer; and ought to uphold principles of fairness and clarity.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KANJIBHAI BHAGORA — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. )…

Service Matters
Service

Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 – Rules 11, 14 and 30 – Judicial Service – Change of Selection criteria – Selection process of District Judge Cadre – Part of the Full Court Resolution of the Jharkhand High Court dated 23.03.2023 by which it was decided that only those candidates who have secured at least 50% marks in aggregate shall be qualified for appointment to the post of District Judge is quashed – Writ petitions allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL KUMAR PANDEY AND OTHERS — Appellant Vs. THE HIGH COURT OF JHARKHAND AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay…

I P C

Penal Code, 1860 (IPC) – Section 302 IPC read with Section 149 – Murder – Unlawful Assembly with Common Object – An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in aid with Section 149 IPC

Feb 6, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAALESH @ HALESHI @ KURUBARA HALESHI — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

You missed

Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw
State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.

Jun 24, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.

Jun 24, 2026 sclaw