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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.

Assam Rural Health Regulatory Authority Act, 2004 – – A State Legislature has no legislative competence to enact a law in respect of modern medicine or allopathic medicine contrary to the said standards that have been determined by the Central Law – Indian Medical Council Act, 1956 and the Rules and Regulations made thereunder

SUPREME COURT OF INDIA DIVISION BENCH BAHARUL ISLAM AND OTHERS — Appellant Vs. THE INDIAN MEDICAL ASSOCIATION AND OTHERS — Respondent ( Before : B.R. Gavai and B.V. Nagarathna, JJ.…

(IPC) – Section 302 read with 34 – Murder – – whether it is sufficient in the ordinary course to lead to death – The adequacy or otherwise of medical attention is not a relevant factor in this case, because the doctor who conducted the post-mortem clearly deposed that death was caused due to cardio respiratory failures, as a result of the injuries inflicted upon the deceased – Thus, the injuries and the death were closely and directly linked

SUPREME COURT OF INDIA DIVISION BENCH PRASAD PRADHAN AND ANOTHER @.APPELLANT Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, JJ. ) Criminal…

HELD restricted interim order, allowing the Purse Seine Fishing beyond the territorial waters of Tamil Nadu, but within the Exclusive Economic Zone, with certain conditions – Only registered fishing vessel will be given permission – The Fisheries Department will give permission to such boats only, which are installed with an approved Vessel Tracking System – These vessels will be allowed to operate only twice a week – It shall be mandatory for all the sailors to keep their biometric card/photo ID with them – Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats – The Registration Number of these vessels shall be prominently displayed on the boat

SUPREME COURT OF INDIA DIVISION BENCH FISHERMAN CARE, REGISTERED ASSOCIATION — Appellant Vs. THE GOVERNMENT OF INDIA, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES REP. BY ITS SECRETARY AND OTHERS…

The facts of this case would amply demonstrate that the petitioner/plaintiff was not ready nor capacity to perform his part of the contract as he had no financial capacity to pay the consideration in cash as contracted and intended to bite for the time which disentitles him as time is the essence of the contract.” Thus, both readiness as well as willingness have to be established by the plaintiff on whom the burden is cast in a suit for specific performance of an agreement.

SUPREME COURT OF INDIA DIVISION BENCH C. HARIDASAN — Appellant Vs. ANAPPATH PARAKKATTU VASUDEVA KURUP AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

HELD – nothing is on record to show that the writ petitioners were praying and/or a grievance was made by the original landowners with respect to nonpayment of compensation and that the possession of the land in question was stated to be taken in the year 1967 by drawing the panchnama – High Court has error in declared that the acquisition proceedings to have lapsed

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. RAJESH DUA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…

When the possession of the land in question was taken over by drawing the panchnama and preparing the possession proceedings and the same was handed over to the DDA and that the original writ petitioner was not the recorded owner and therefore there was no question of tendering any compensation to him

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHYAMO AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal No.…

Education – with respect to wrong answer keys and thereafter when a conscious decision was taken to allocate the marks on pro-rata basis with respect to two questions whose answer keys were found to be wrong and when all the candidates were awarded two marks (one mark each for the two questions), it cannot be said that the Public Service Commission acted illegally and/or arbitrarily

SUPREME COURT OF INDIA DIVISION BENCH THE ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION AND ANOTHER — Appellant Vs. MISS HAGE MAMUNG AND OTHERS — Respondent ( Before : M.R. Shah and…

Employees State Insurance Act, 1948 – Section 1(6) – Demand notice – Sub-section (6) of Section 1 therefore, shall be applicable even with respect to those establishments, established prior to 31.03.1989/20.10.1989 and the ESI Act shall be applicable irrespective of the number of persons employed or notwithstanding that the number of persons employed at any time falls below the limit specified by or under the ESI Act.

SUPREME COURT OF INDIA DIVISION BENCH THE ESI CORPORATION — Appellant Vs. M/S. RADHIKA THEATRE — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal No.…

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