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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.
Service Matters

Order passed by the learned Single Judge as well as the impugned judgment and order passed by the Division Bench of the High Court directing to pay additional 2% in addition to the existing pay to the post of Assistant Executive Engineer (Electrical) from the date of their initial appointment is/are hereby quashed and set aside.

SUPREME COURT OF INDIA DIVISION BENCH KARNATAKA POWER TRANSMISSION CORPORATION LIMITED AND OTHERS — Appellant Vs. SRI. B. G. MANAMOHANA PRIYANKA AND OTHERS — Respondent ( Before : M.R. Shah…

Service Matters

Appointment to post of Sub Inspector of Police – Eligibility – Remanded to DB of HC that it will be open for the Division Bench to call for the expert’s opinion on the questions of which their answers were alleged to be incorrect for which the objections were raised so that if ultimately it is found that the answers with respect to some questions were incorrect and consequently, the marks are added and they may become eligible.

SUPREME COURT OF INDIA DIVISION BENCH SACHIT KUMAR SINGH AND OTHERS ETC. ETC. — Appellant Vs. THE STATE OF JHARKHAND AND OTHERS ETC. ETC. — Respondent ( Before : M.R.…

Suit for specific performance – Agreement to sell – where the sum named is an amount the payment of which may be substituted for the performance of the act at the election of the person by whom the money is to be paid or the act done, the Court may refuse to pass the decree for specific performance. In the present case, the condition specifically stipulates that in case of failure on the part of the seller to execute the sale deed within the stipulated time the buyer shall be entitled to double the amount given as an advance.

SUPREME COURT OF INDIA DIVISION BENCH T.D. VIVEK KUMAR AND ANOTHER — Appellant Vs. RANBIR CHAUDHARY — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…

Service Matters

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013 – Rule 5(v) – Pension – after rendering of service as work charged for number of years and thereafter when their services have been regularized, they cannot be denied the pension on the ground that they have not completed the qualifying service for pension – That is why, the service rendered as work charged is to be counted and/or considered for the purpose of qualifying service for pension

SUPREME COURT OF INDIA DIVISION BENCH UDAY PRATAP THAKUR AND ANOTHER — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Uttar Pradesh Urban Planning and Development Act, 1973 – Sections 15(2-A) and 41 – Completion Certificate – the intention of the Act is to levy only those charges/fees provided/mentioned under Section 15(2-A) of the Act, 1973, otherwise the other charges also would have been defined under the Act, 1973. Levy of such other charges can be said to be hit by Article 265 of the Constitution of India

SUPREME COURT OF INDIA DIVISION BENCH MATHURA VRINDAVAN DEVELOPMENT AUTHORITY AND ANOTHER — Appellant RAJESH SHARMA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Income Tax, Act, 1961 – Section 245D(4) – Powers and Procedure of Settelement Commission – It was not practicable for the Commission to examine the records and investigate the case for proper Settlement and even giving adequate opportunity to the applicant and the Department, as laid down in Section 245D(4) of the Act is not practicable.

SUPREME COURT OF INDIA DIVISION BENCH JAGDISH TRANSPORT CORPORATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…

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