Latest Post

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.

Under Section 102 (1) of Cr.P.C., the Police have the power to seize the passport but there is no power to impound the same – Even if the power of seizure of a passport is exercised under Section 102, the Police cannot withhold the said document and the same must be forwarded to the Passport Authority – It is for the Passport Authority to decide whether the passport needs to be impounded or not.

SUPREME COURT OF INDIA DIVISION BENCH CHENNUPATI KRANTHI KUMAR — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Arbitration and Conciliation Act 1996 – Section 8 – Reference to Arbitration – Non-family shareholdings, in any event, cannot be bound by the terms of Memorandum of Understanding (MoU) since they are not parties to the document – Order referring the suit to arbitration under Section 8 of the Act, 1996 set aside – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH VINOD KUMAR SACHDEVA (DEAD) THR LRS. — Appellant Vs. ASHOK KUMAR SACHDEVA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

Accused could only be attributed with the knowledge that it was likely to cause an injury which was likely to cause the death – Case on hand does not fall within clause thirdly of Section 300 of the IPC – Conviction of the accused under Section 304 Part I of the IPC is altered to one under Section 304 Part II of the IPC – Appeal partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH ANBAZHAGAN — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. )…

What are the contours of the power of Parliament to enact a law under Article 239-AA(7) and Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for National Capital Territory of Delhi (NCTD) – Substantial question of law – Reference to a Constitution Bench.

SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud,…

You missed