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Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs. Dispute over cadre change versus mere transfer — A transfer is a change of posting within the same service without altering seniority or substantive status, differing from a cadre change which involves a structural shift between services with significant implications for seniority and promotional avenues, requiring specific authority. Evidence Act, 1872 — Eyewitness testimony vs. Medical evidence — In case of conflict, eyewitness testimony, especially of an injured witness who is found to be reliable and has withstood cross — examination, is generally superior to expert medical opinion formed by an expert witness — Lack of independent witnesses does not automatically compromise the prosecution case, especially when societal realities suggest potential fear or hesitation Protracted Government Inaction and Third — Party Rights — Despite an initial timeline of two months for an inquiry and subsequent hopes for completion within six months, the government showed significant delay, stretching over six years without a final decision — During this period, extensive third — party rights were created through land sales and construction of villas and flats by innocent purchasers — The Court observed that it’s inappropriate for a welfare state to attempt to undo decades — old transactions, especially when innocent citizens have invested their hard — earned money, and basic amenities should not be denied to occupants of constructed properties. Delhi Rent Control Act, 1958 vs. Government Grants Act, 1895 — Relationship Governed by Grant — A lease originating from a Government grant, as governed by the Government Grants Act, 1895, is not subject to the Delhi Rent Control Act, 1958 — The incidence and enforceability of such a grant are governed solely by its tenor — The legal character of the grant does not derive from conventional landlord — tenant relationships but from the sovereign grant and its embedded conditions — Therefore, eviction proceedings under the Delhi Rent Control Act are not maintainable for holdings originating from a Government grant.

Release of rosewood logs and lorry – Illicit rosewood logs. 37 such logs were found beneath 92 bunches of bananas and 26 bags of rice husk – Lorry nor the rosewood logs are available as both have been sold by the state and the amount is lying with the exchequer, hence cannot be returned back – Release order upheld.

SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT WILD LIFE WARDEN AND ANOTHER — Appellant Vs. K. K. MOIDEEN AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh…

Imposition of the minimum 75% eligibility condition, therefore, does not subserve the object of introducing the sports quota, but is, rather destructive of it; the criterion, in that sense subverted the object and is discriminatory; it therefore, falls afoul of the equality clause, in Article 14 of the Constitution

SUPREME COURT OF INDIA DIVISION BENCH DEV GUPTA — Appellant Vs. PEC UNIVERSITY OF TECHNOLOGY AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

Adverse possession – A party claiming adverse possession must prove that his possession is “nec vi, nec clam, nec precario”, that is, peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF KERALA AND ANOTHER — Appellant Vs. JOSEPH AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. )…

Service Matters

Jammu and Kashmir Civil Service Regulations, 1956 – Article 77­D – Claim for Pay Protection – High Court was erroneous when it came to the conclusion that the appellant was not appointed on a substantive basis and, therefore, she does not satisfy the criteria laid down by Article 77­D – Benefit of pay protection granted.

SUPREME COURT OF INDIA DIVISION BENCH  ASMA SHAW — Appellant Vs. THE ISLAMIA COLLEGE OF SCIENCE AND COMMERCE SRINAGAR KASHMIR AND OTHERS — Respondent ( Before : Abhay S. Oka…

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Sections 2 and 3 – Quashing of FIR – Final report was filed by the investigation officer stating that no case was made out to proceed against the appellant for the alleged offences – Final report having been accepted by the Additional Sessions Judge, nothing more requires to be adjudicated upon in the present matter – Appeal disposed of.

SUPREME COURT OF INDIA DIVISION BENCH MOHMOOD ALI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal…

Held, although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 of the CrPC would not be attracted at all as Section 197 is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government

SUPREME COURT OF INDIA DIVISION BENCH A. SREENIVASA REDDY — Appellant Vs. RAKESH SHARMA AND ANOTHER — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal…

Quashing of FIR – Rape – Victim has not furnished any information in regard to the date and time of the commission of the alleged offence – Investigation is over and charge sheet is ready to be filed before the competent court – Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences – Quashed

SUPREME COURT OF INDIA DIVISION BENCH IQBAL @ BALA AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ.…

HELD that the leak of ammonia gas was not occasioned due to wear and tear (as claimed by the Respondent) but was the outcome of an accident[1] which was not foreseen and beyond its control and not covered by any of the exceptions in the Refrigeration Policy (Exception Clause 3) so as to entitle the Respondent to claim immunity for the ultimate purpose of repudiating the insurance claim lodged by the Appellant – Payment of Rs. 2,25,00,000/- in full and final.

SUPREME COURT OF INDIA DIVISION BENCH S.S. COLD STORAGE INDIA PVT. LTD. — Appellant Vs. NATIONAL INSURANCE COMPANY LIMITED — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ.…

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