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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.

Motor Vehicles Act, 1988 – Section 168 – Just Compensation – Section 168 of the Act deals with the concept of “just compensation” and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard – claimants cannot expect a wind fall but compensation so granted cannot be PITTANCE

SUPREME COURT OF INDIA DIVISION BENCH RAJ BALA AND OTHERS — Appellant Vs. RAKEJA BEGAM AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil…

Promissory Estoppel – Doctrine of estoppel will not be applied against the State in its governmental, public or sovereign capacity – to permit an estoppel to be operated against the legislative functions of the Parliament is a fallacy – Claim of the appellants on estoppel is without merit and deserves to be rejected.

SUPREME COURT OF INDIA DIVISION BENCH M/S HERO MOTOCORP LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and B.V. Nagarathna, JJ. )…

(IPC) – Sections 302 and 149 – Murder – Non-recovery of the weapons cannot be a ground to discard the evidence of the injured eye witnesses -HELD in order to make culpable homicide as murder the act by which death is caused should fall not only under any one or more of clauses firstly to fourthly under Section 300, IPC but they should also not fall under any of the five exceptions to Section 300, IPC –

SUPREME COURT OF INDIA DIVISION BENCH GURMAIL SINGH AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ.…

Education – Provisional admission to post-graduate medical courses – Schedule for admission to the post-graduate medical courses must be followed strictly leaving no discretion to any authority to permit admissions over the cut-off date under schedule for admission to post-graduate medical courses

SUPREME COURT OF INDIA DIVISION BENCH BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA — Appellant Vs. DR. PRIYAMBADA SHARMA AND OTHERS — Respondent ( Before : Ajay…

Motor Vehicles Act, 1988 – Sections 166 and 168 – Death in accident – Enhancement of compensation – While awarding the loss of dependency, the High Court has not awarded/considered the future prospects at all – also erred in reducing the interest from 9% p.a. to 6% p.a. entitled to 7.5 per cent interest p a.

SUPREME COURT OF INDIA DIVISION BENCH SARUP SINGH @ RAM SARUP — Appellant Vs. HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ORS. — Respondent ( Before : M.R. Shah and…

Land Acquisition Act, 1894 – Section 4 – Acquisition of land – Determination of compensation – Most of the sale deeds relied upon by the landowners are much prior to the date of Section 4 notification (ranging between 1992 to 1994) – Original landowners/claimants shall be entitled to the compensation considering the market value of the acquired land at Rs. 1,000/- per square yard.

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHAM — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Madhya Pradesh Accommodation Control Act, 1961 – Section 13(6) – Striking off defence – Defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited – same deposited – striking off the defence of the appellant is quashed and the appellant is permitted to defend the eviction suit/suit

SUPREME COURT OF INDIA DIVISION BENCH M/S. FASHION WORLD — Appellant Vs. BANSHIDHAR MULTI BUILDERS PVT. LTD. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

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