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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.

Penal Code, 1860 (IPC) – Sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120B read with Section 34 – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 15(1)(b), 16, 17, 18, 18B, 20, 38, 39, 40 and 43D(5) – Mere holding of certain literatures through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) of the said Act – There has been no credible evidence of commission of any terrorist act or enter into conspiracy to do so to invoke the provisions of Section 43D(5) of the 1967 Act – Bail granted with conditions.

SUPREME COURT OF INDIA DIVISION BENCH VERNON — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Criminal Appeal…

Valuation for the purpose of jurisdiction of suit – Once the plaintiff exercises his option and values his claim for the purpose of court fees, that determines the value for jurisdiction – Value for court fees and the value for jurisdiction must no doubt be the same in such cases; but it is the value for court fees stated by the plaintiff that is of primary importance.

SUPREME COURT OF INDIA DIVISION BENCH B.P. NAAGAR AND OTHERS — Appellant Vs. RAJ PAL SHARMA — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Summoning of additional accused – At the stage of summoning an accused, there has to be a prima facie satisfaction of the Court – Evidence which was there before the Court was of an eye witness who has clearly stated before the Court that a crime has been committed, inter alia, by the revisionist- Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. THE STATE OF HARYANA AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Criminal…

Service Matters

Army Act, 1950 – Sections 39(b) and 63 – Dismissal from Service – Army driver – Unauthorizedly absent for 108 days – Habitual offender -One must be mindful of the fact that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service – Order dismissal from Service upheld.

SUPREME COURT OF INDIA DIVISION BENCH EX SEPOY MADAN PRASAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. )…

Contempt of Court – Maximum Punishment — Simple imprisonment, not exceeding six months or a fine not exceeding Rs.2,000/- — Sub-Section (2) reads “notwithstanding anything contained in any other law for the time being in force” this implies that save and except the punishment provided in sub-Section (1) no other punishment can be prescribed to a person guilty of committing contempt of Court.

SUPREME COURT OF INDIA Before: B.R. Gavai & Sanjay Karol, JJ. Civil Appeal No.4725 of 2023 (Arising out of SLP(C)No.13789 of 2022) Decided on: 28.07.2023 Gostho Behari Das – Appellant…

Penal Code, 1860 – Ss 302 & 304-I – Army Act, 1950 – Section 69 – Murder – Conviction and Sentence – Alteration of – Appellant-accused contended that case will be governed by exception 4 to Section 300 of IPC as the incident was an outcome of a sudden fight and he acted in a heat of passion – Conviction of the accused for the offence punishable under Section 302 of IPC is altered to the one under Part 1 of Section 304 of IPC

SUPREME COURT OF INDIA DIVISION BENCH NO.15138812Y L/NK GURSEWAK SINGH — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…

Consumer Protection Act, 2019 provide for the remedy of appeal to Supreme Court only with respect to the orders which are passed by the NCDRC in its original jurisdiction or as the court of first instance (original orders) and no further appeal lies against the orders which are passed by the NCDRC in exercise of its appellate or revisional jurisdiction.

SUPREME COURT OF INDIA DIVISION BENCH M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. — Appellant Vs. SURESH CHAND JAIN AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj…

Medical bills which have been issued by Hospital and Research Centre, as per which appellant had incurred expenditure – – Direction to pay the amount, Rs.4,09,000/- in terms of Medical bills with interest of 7% per annum from the date of filing of the complaint before the District Forum till its realisation – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH HEM RAJ — Appellant Vs. THE NEW INDIA ASSURANCE CO. LTD. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Civil…

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