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Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month. Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period. Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later. Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.
Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Accident
Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
State Laws
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Specific Performance
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Cr P C

(CrPC) – Section 427 – there must be a specific direction or order by the court that the subsequent sentence to run concurrently with the previous sentence.rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgments, concurrent sentence cannot be awarded under Section 427 Cr.P.C

Dec 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IQRAM — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri…

Dying Declaration

Multiple dying declarations – in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded by a person at a time when the deceased was fit physically and mentally to make the declaration and it has not been made under any tutoring/duress/prompting; it can be the sole basis for recording conviction – In such an eventuality no corroboration is required

Dec 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Sudhanshu Dhulia, JJ. ) Criminal…

Land Acquisition

HELD there may be an illegal residential colony , therefore, it cannot be believed that the respondent Nos. 1 and 2 original writ petitioners are in possession of the land in question and/or at the relevant time possession was not taken. Following (2020) 8 SCC 129 in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse. Writs dismissed

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVT OF NCT OF DELHI THROUGH SECRETARY, LAND AND BUILDING DEPARTMENT AND ANOTHER — Appellant Vs. RAM PRAKASH SEHRAWAT AND OTHERS — Respondent (…

Consumer

Deficiency in service – way the issue was addressed by the Max Life Insurance Corporation following the information conveyed does fail, in our opinion, the test of Reasonable Conduct. HELD acts of Max Life Insurance Corporation amount to a clear case of deficiency of service and a non-bonafide conduct by the Max Life Insurance Corporation

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOKAL CHAND (D) THR. LRS. — Appellant Vs. AXIS BANK LTD. AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Tenders & Contracts

Slump Sale Agreement – liability of the purchaser for the dues relating to activities and operations of the unit for the period anterior to 17.7.2010, could not therefore have been fastened on the appellant HELD that the liabilities for the transactions made prior to the sale agreement, are to be borne by the seller, U.P State Sugar Corporation .

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WAVE INDUSTRIES PVT. LTD. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

Service Matters
Service

Service Law – whether the seniority of direct recruits who were recruited in the recruitment process which commenced in the relevant recruitment year but ended thereafter, can be fixed by following rotation of quota by interspacing them with the direct recruits of the same recruitment year who were promoted earlier during the same year? Matter placed before 5 judge bench

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIHARAN AND OTHERS — Appellant Vs. HARSH VARDHAN SINGH RAO AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Abhay S. Oka,…

Accident

Death case – Motor Accident – the actual income should be computed @ Rs. 1,50,000/- per annum. Applying 40% towards future prospects, the total annual income (Rs. 1,50,000 + Rs. 60,000) amounts to 2,10,000 – With a 1/4th deduction (4 dependents), the annual loss of dependency ( 2,10,000 – 52,500) would be Rs. 1,57,500 – Applying a multiplier of 16, total loss of dependency (i.e., Rs. 1,57,500 x 16) is Rs. Rs. 25,20,000 – Filial and parental consortium have to be increased – Each of the children, and the mother of the deceased, is entitled to Rs. 40,000/- – Thus, the total amount payable towards filial and parental consortium is Rs. 1,20,000/- – Appellants are entitled to Rs. 25,20,000/- towards loss of dependency; and the three appellants being the children and mother of the deceased, are entitled to Rs. 40,000/- each towards filial and parental consortium – Appeal allowed.

Dec 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARPREET KAUR AND OTHERS — Appellant Vs. MOHINDER YADAV AND OTHERS — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, JJ. )…

Cr P C

(CrPC) – S 482 – (IPC) – S 420 – Quashing of Criminal Proceedings – Cheating – Forged signatures on sale deed – Civil remedy – if civil remedy is available and is in fact adopted, as has happened in the case on hand, the High Court should have quashed the criminal proceeding to prevent abuse of process of court – Criminal proceedings quashed –

Dec 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. NAGENDER YADAV — Appellant Vs. THE STATE OF TELANGANA AND ANOTHERR — Respondent ( Before : S. Abdul Nazeer and J.B. Pardiwala, JJ.…

State Laws

Gujarat Control of Terrorism and Organised Crime Act, 2015 – Section 3 – Offence of ‘organised crime’ could be said to have been constituted by at least one instance of continuation, apart from continuing unlawful activity evidenced by more than one charge-sheets in the preceding ten years – If ‘organised crime’ was synonymous with ‘continuing unlawful activity’, two separate definitions were not necessary –

Dec 18, 2022 sclaw

DIVISION BENCH THE STATE OF GUJARAT — Appellant Vs. SANDIP OMPRAKASH GUPTA — Respondent ( Before : S. Abdul Nazeer and J.B. Pardiwala, JJ. ) Criminal Appeal No. 2291 of…

Corruption

COSTITUTION BENCH :Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand – In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution.

Dec 18, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NEERAJ DUTTA — Appellant Vs. STATE (GOVT. OF N.C.T. OF DELHI) — Respondent ( Before : S. Abdul Nazeer, B. R. Gavai, A. S.…

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Accident

Motor Vehicles Act, 1988 — Section 168 — Notional income of skilled worker — Carpenter — Assessment — The appellant, a carpenter aged 38 years, suffered amputation of his right leg below the knee in a road accident in November 2004 — The Claims Tribunal assessed his monthly income at Rs. 3,000/- and the High Court enhanced it to Rs. 5,000/- relying on minimum wages. Held — A carpenter is a skilled artisan who works with precision and manual dexterity — His income cannot be equated with that of an unskilled worker — Where the appellant’s unrefuted evidence showed earnings of Rs. 8,000/- to Rs. 10,000/- per month, and a skilled job always has the potentiality to fetch higher income, the High Court erred in restricting the figure to Rs. 5,000/- — Considering the date of accident, decisions in comparable cases and the fact of the appellant being a skilled worker, his notional monthly income is assessed at Rs. 9,000/- per month.

Jun 26, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Penal Code, 1860 (IPC) — Section 304 Part II — Culpable Homicide not Amounting to Murder — Conviction and sentence — Appeal against — Abatement of appeal due to death of co-accused — Death of two appellants during pendency of appeal — Appeal survives only for the third appellant.

Jun 26, 2026 sclaw
State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.

Jun 24, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.

Jun 24, 2026 sclaw