Supreme Court of India Judgements

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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.
Accident

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.

Apr 28, 2026 sclaw
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.
Accident
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.
Service
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
Evidence Act
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.
Constitution
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.
State Laws

Uttar Pradesh Trade Tax Act, 1948 – Section 4-A(5) – Exemption – the goods manufactured on use of advance and/or modern technology, cannot be said to be a different commercial activity at all – High Court has not committed any error in refusing to grant exemption to the appellant – Appeal dismissed.

Jan 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMD INDUSTRIES LIMITED (EARLIER KNOWN AS M/S. ASHOKA METAL DÉCOR PRIVATE LIMITED) — Appellant Vs. COMMISSIONER OF TRADE TAX, LUCKNOW AND ANOTHER — Respondent…

Service Matters
Service

State Bank of India Officers Service Rules, 1992 – Rule 19(3) – Order of Appointing Authority dismissing the respondent from service after granting opportunity of hearing to the respondent was in consonance with the direction given by this Court and could not be said to be arbitrary illegal or in violation of Rule 19(3) of the Rules

Jan 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA AND OTHERS — Appellant Vs. KAMAL KISHORE PRASAD — Respondent ( Before : Krishna Murari and Bela M. Trivedi, JJ.…

SARFAESI

(SARFAESI) – Section 31(i) – Possession and Auction – – once the secured property is put as a security by way of mortgage etc. meaning thereby the same was not treated as agricultural land, such properties cannot be said to be exempted from the provisions of the SARFAESI Act under Section 31(i) of the SARFAESI Act – the borrower to prove that the secured properties were agricultural lands and actually being used as agricultural lands

Jan 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. SREEDHAR — Appellant Vs. M/S RAUS CONSTRUCTIONS PVT. LTD. AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. )…

Evidence Act

Evidence Act, 1872 – Ss 101 & 102 – Suit for Possession – Declaration of Title – A person in possession of land in the assumed character as the owner, and exercising peaceably the ordinary rights of ownership, has a legal right against the entire world except the rightful owner – the burden of proof lies on the plaintiff and can be discharged only when he is able to prove title – Weakness of the defence cannot be a justification to decree the suit.

Jan 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVE — Appellant Vs. PRABHA RANJAN DEBBARMA AND OTHERS — Respondent ( Before : Sanjiv Khanna and J.K. Maheshwari,…

SARFAESI

HELD the borrower can take the benefit of the amount received by the creditor in an auction sale only if he unequivocally accepts the sale. In a case where the borrower also challenges the auction sale and does not accept the same and also challenges the steps taken under Section 13(2)/13(4) of the SARFAESI Act with respect to secured assets, the borrower has to deposit 50% of the amount claimed by the secured creditor along with interest as per section 2(g) of the Act 1993 and as per section 2(g), “debt” means any liability inclusive of interest which is claimed as due from any person.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SIDHA NEELKANTH PAPER INDUSTRIES PRIVATE LIMITED AND ANOTHER — Appellant Vs. PRUDENT ARC LIMITED AND OTHERS — Respondent ( Before : M.R. Shah…

SARFAESI

(SARFAESI) – Section 18 – Pre-deposit – Whether, while calculating the amount to be deposited as pre-deposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit? – in a case where both are under challenge, namely, steps taken under Section 13(4) against the secured assets and also the auction sale of the secured assets, in that case, the “debt due” shall mean any liability (inclusive of interest) which is claimed as due from any person, whichever is higher.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SIDHA NEELKANTH PAPER INDUSTRIES PRIVATE LIMITED AND ANOTHER — Appellant Vs. PRUDENT ARC LIMITED AND OTHERS — Respondent ( Before : M.R. Shah…

Constitution

The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do – It is directed that the payment of Rs.1,24,28,500/- already deposited by the appellant be appropriated towards settlement dues under “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” and the appellant be issued discharge certificate.

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SHEKHAR RESORTS LIMITED (UNIT HOTEL ORIENT TAJ) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M. R. Shah…

You missed

Accident

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.

Apr 28, 2026 sclaw
Service

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.

Apr 28, 2026 sclaw
Evidence Act

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

Apr 28, 2026 sclaw
Constitution

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.

Apr 28, 2026 sclaw