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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.

Division Bench to ensure giving appropriate opportunity and time to the appellants to make submissions before the Division Bench and thereafter appropriate orders may be passed as the Division Bench may deem fit after hearing learned counsel for the appellants – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH GREATER MALWA PARAMEDICAL COLLEGE — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

Murder – In the absence of any credible eye witness to the incident and the fact that the presence of the accused appellants at the place of incident is not well established – Constrained to accord benefit of doubt to both the accused appellants – Conviction and sentence is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH MOHD. MUSLIM — Appellant Vs. STATE OF UTTAR PRADESH (NOW UTTARAKHAND) — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…

Paid-up capital – Appellants cannot be described as having acted in a defective or in an unfair manner, in the matter of allotment of further shares particularly when the contention of the respondents about the bona fides of the decision to increase the authorised capital has been found in favour of the appellants

SUPREME COURT OF INDIA DIVISION BENCH HASMUKHLAL MADHAVLAL PATEL AND ANR. — Appellant Vs. AMBIKA FOOD PRODUCTS PVT. LTD. AND OTHERS — Respondent ( Before : K.M. Joseph and B.V.…

Suit for partition – A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit.

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

(CrPC) – Section 306(4)(a) – Prevention of Corruption Act, 1988 – Section 5(2) – In cases where the Special Court decides to proceed with a case under Section 5(2) of the Prevention of Corruption Act, there is no need to consider the requirement of the approver being examined as a witness in the Magistrate’s Court according to Section 306(4)(a).

SUPREME COURT OF INDIA DIVISION BENCH A. SRINIVASULU — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ.…

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