Latest Post

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.

Back wages – Merely because the reinstatement order was under challenge and there was a stay of the order of reinstatement during the pendency of the proceedings before the High Court, it cannot be a ground to deny the wages to the employee when ultimately the order of reinstatement came to be confirmed and attained the finality.

SUPREME COURT OF INDIA DIVISION BENCH D.N. KRISHNAPPA — Appellant Vs. THE DEPUTY GENERAL MANAGER — Respondent ( Before : M. R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…

(CrPC) – Sections 227, 228, 300 – Applicability of Section 300 of CrPC – Stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge (under Section 228 Cr.P.C.) and it is at that stage alone that the court can consider the application under Section 300 Cr.P.C. – Once the court rejects the discharge application, it would proceed to framing of charge under Section 228 Cr.P.C.

SUPREME COURT OF INDIA DIVISION BENCH CHANDI PULIYA — Appellant Vs. THE STATE OF WEST BENGAL — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal Appeal…

Right to Information – Collegium discussions shall not be in the public domain – as no final decision was taken which was culminated into a final resolution drawn and signed by all the members of the Collegium, the same was not required to be disclosed in the public domain and that too under the RTI Act – Whatever is discussed shall not be in the public domain

SUPREME COURT OF INDIA DIVISION BENCH ANJALI BHARDWAJ — Appellant Vs. CPIO, SUPREME COURT OF INDIA, (RTI CELL) — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 overruled subsequently by the Constitution Bench of this Court in the case of Indore Development Authority versus Manoharlal and others, (2020) 8 SCC 129 – Appeal allowed HC order set aside

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR (SOUTH EAST) — Appellant Vs. DHARAMVIR AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

High Court has allowed the writ petition and has declared that the acquisition proceedings with respect to the land in question is deemed to have lapsed under subsection (2) of Section 24 of the Act, 2013 solely on the ground that the compensation was not actually paid to the land owners- Appeal allowed

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

(IPC) – Sections 149 and 302 – Murder – Acquittal – admissions given by PW8 that she along with PW1 were lying down for a period of one hour on the spot where they were assaulted and that fatal assault was made on the deceased after he ran away from the spot, a serious doubt is created whether both of them had seen the actual assault on the deceased – Moreover, there is a serious discrepancy about the weapons of assault –

SUPREME COURT OF INDIA DIVISION BENCH RAMCHARAN (DEAD) AND ANOTHER — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Sanjay Kishan Kaul and Abhay S. Oka, JJ.…

Senior citizen – Property transfer void – (1) The transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor; and (2) the transferee refuses or fails to provide such amenities and physical needs to the transferor – If both the aforesaid conditions are satisfied, by a legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor

SUPREME COURT OF INDIA DIVISION BENCH SUDESH CHHIKARA — Appellant Vs. RAMTI DEVI AND ANOTHERR — Respondent ( Before : Sanjay Kishan Kaul and Abhay S. Oka, JJ. ) Civil…

You missed