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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.

HELD on SARFESAI writs to High courts – – When a statute prescribes a particular mode, an attempt to circumvent shall not be encouraged by a writ court. A litigant cannot avoid the noncompliance of approaching the Tribunal which requires the prescription of fees and use the constitutional remedy as an alternative.

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOUTH INDIAN BANK LTD. AND OTHERS — Appellant Vs. NAVEEN MATHEW PHILIP AND ANOTHER ETC. ETC. — Respondent ( Before : Sanjiv Khanna…

(IPC) – S 302 – Evidence Act, 1872 – S 8 r/w S 27 – Murder – that part of the confession which led to the recovery of the dead body of the victim would become admissible, apart from other articles of the deceased recovered at the instance of the accused has been identified by several witnesses independently – – Conviction and sentence upheld.

SUPREME COURT OF INDIA DIVISION BENCH SIJU KURIAN — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Surya Kant and Aravind Kumar, JJ. ) Criminal Appeal No. 64…

(CrPC) – Section 167 – Default bail – 60/90 day remand period under Section 167 CrPC ought to be computed from the date when a Magistrate authorizes remand HELD the very moment the stipulated 60/90 day remand period expires, an indefeasible right to default bail accrues to the accused.

SUPREME COURT OF INDIA FULL BENCH ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA — Appellant Vs. KAPIL WADHAWAN AND ANOTHER ETC. — Respondent ( Before : K.M. Joseph, Hrishikesh Roy and B.V.…

Section 125 of the Electricity Act, 2003 – Appellate Tribunal for Electricity – As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence. The findings of coercion are therefore, set aside.

SUPREME COURT OF INDIA FULL BENCH GUJARAT URJA VIKAS NIGAM LIMITED AND OTHERS — Appellant Vs. RENEW WIND ENERGY (RAJKOT) PRIVATE LIMITED AND OTHERS — Respondent ( Before : Sanjay…

“Consumer” – Commercial purpose – whether the insurance service has a close and direct nexus with the profit generating activity and whether the dominant intention or dominant purpose for the transaction was to facilitate some kind of profit generation for the purchaser and/or their beneficiary – Insured is a commercial enterprise is unrelated to the determination of whether the insurance policy shall be counted as a commercial purpose

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE CO. LTD. — Appellant Vs. HARSOLIA MOTORS AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Civil…

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