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Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established. Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes. Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay. Multiple FIRs across States cannot be quashed or clubbed under Article 32 where they relate to distinct transactions, victims, and offences despite similar modus operandi. A. Cyber Fraud — Multiple FIRs across States — Clubbing declined — Clubbing/consolidation of FIRs registered in different States was declined where each FIR was lodged by a different complainant induced to part with money on separate occasions, with distinct victims, amounts and transactions, notwithstanding a common bank account and similar modus operandi; clubbing at a nascent investigation stage involving complex cyber-forensic tracing would impede fair investigation and cause hardship to complainants.

Constitution of India, 1950 – Article 141 – where no reason was assigned by the Court while dismissing the matter and where leave was not granted in the said Special Leave Petition, the said dismissal would not be considered as laying down law within the ambit of Article 141 – such dismissal of Special Leave Petition by way of a non-speaking order does not attract the doctrine of merger.

SUPREME COURT OF INDIA DIVISION BENCH S. NARAHARI AND OTHERS — Appellant Vs. S.R. KUMAR AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

(IPC) – Sections 308 and 338 – The appellant, as a conductor, had a duty to take care of the passengers on the overcrowded bus – However, he failed to verify if all passengers had safely boarded the bus before signaling the driver to start – Despite knowing that many students were waiting at the bus stop, he neglected his duty and acted recklessly – As a result, PW-1 suffered a fractured pelvis, putting human life in danger

SUPREME COURT OF INDIA DIVISION BENCH ABDUL ANSAR — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Service Matters

Re-instatement – Back wages – The appellant established unemployment at least until August 1997 – Based on the salary figures provided, the appellant’s gross salary on the date of reinstatement was Rs. 18,830, while it was approximately Rs. 4,000 per month at the time of removal – An amount of Rs.3 lakhs is ordered to be paid to the appellant in lieu of back wages.

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHAND — Appellant Vs. MANAGEMENT OF DELHI TRANSPORT CORPORATION — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

Evidence Act, 1872 – Ss 4 and 18 – Testimony of a child witness – Before taking the testimony of a minor, it is the responsibility of the Judicial Officer to ask preliminary questions to ensure that the minor can comprehend and respond rationally & record the preliminary questions and answers for review by the Appellate Court to assess the Trial Court’s opinion accurately.

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP — Appellant Vs. THE STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

The right to enjoy possession of any land notified under Section 4 is not only limited to Adivasi communities and other forest dwelling communities, but is also based on proof of residence, date of original possession, etc – If the right to inhabit the said lands is not restricted only to certain communities, how can the right to be heard on such claims be restricted to the same.

SUPREME COURT OF INDIA DIVISION BENCH HARI PRAKASH SHUKLA AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin…

Central Excise Act, 1944 – Section 11A (1) – Differential duty – Incorrectly determination of the assessable value of finished goods – Determination is required to be made on the basis of judgment and in a bonafide manner – An assessee can be accused for suppressing only such facts which it was otherwise required to be disclosed under the law.

SUPREME COURT OF INDIA DIVISION BENCH THE COMMISSIONER, CENTRAL EXCISE AND CUSTOMS AND ANOTHER — Appellant Vs. M/S RELIANCE INDUSTRIES LTD. AND OTHERS — Respondent ( Before : Krishna Murari…

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