Latest Post

Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established. Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes. Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay. Multiple FIRs across States cannot be quashed or clubbed under Article 32 where they relate to distinct transactions, victims, and offences despite similar modus operandi. A. Cyber Fraud — Multiple FIRs across States — Clubbing declined — Clubbing/consolidation of FIRs registered in different States was declined where each FIR was lodged by a different complainant induced to part with money on separate occasions, with distinct victims, amounts and transactions, notwithstanding a common bank account and similar modus operandi; clubbing at a nascent investigation stage involving complex cyber-forensic tracing would impede fair investigation and cause hardship to complainants.

Period of three months, extended by one more month for legal consultation, is mandatory – Consequence of non-compliance with this mandatory requirement shall not be quashing of the criminal proceeding for that very reason – The competent authority shall be Accountable for the delay and be subject to judicial review and administrative action by the CVC under Section 8(1)(f) of the CVC Act.

SUPREME COURT OF INDIA DIVISION BENCH VIJAY RAJMOHAN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI, TAMIL NADU — Respondent ( Before : B.R. Gavai…

Contempt of Court – Deliberate and willful disobedience of order – Direction issued to Telangana Power Utilities viz. TS Genco, TS Transco, TSSPDCL and TSNPDCL to pay salary and other service benefits to the petitioners from the day they are relieved by the respective Andhra Pradesh Power Utilities, to be implemented within two weeks.

SUPREME COURT OF INDIA DIVISION BENCH Y. SAI SATYA PRASAD AND OTHERS — Appellant Vs. D. PRABHAKARA RAO AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

Union of India to evolve a mechanism to ensure that whenever conflicting stands are taken by different departments, they should be resolved at the governmental level itself. direct the Registry to furnish a copy of this judgment to the learned Attorney General for India to use his good offices and do the needful.

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL WAREHOUSING CORPORATION — Appellant Vs. ADANI PORTS SPECIAL ECONOMIC ZONE LIMITED (APSEZL) AND OTHERS — Respondent ( Before : B.R. Gavai and C.T.…

Abetment of suicide – Cruelty – Conviction of the appellants is solely based on the oral evidence of mother and sister of the deceased, who are interested witnesses – Complaint against the appellants was filed after 3 weeks of the death of the deceased -deceased was also undergoing treatment for depression -Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH MARIANO ANTO BRUNO AND ANOTHER — Appellant Vs. THE INSPECTOR OF POLICE — Respondent ( Before : M. R. Shah and Krishna Murari, JJ.…

HELD a chiller machine is attempting to masquerade as a heat pump, to gain concessional tariff benefits – Conclusion therefore is inevitable that the MVAC machine must not be categorized as a Heat Pump – falls in Sub-heading 8418.10 of the Central Excise Tariff Act, 1985, in the category of refrigerating equipment.

SUPREME COURT OF INDIA DIVISION BENCH M/S THERMAX LTD. THROUGH ITS DIRECTOR — Appellant Vs. COMMISSIONER OF CENTRAL EXCISE, PUNE-1 — Respondent ( Before : K.M. Joseph and Hrishikesh Roy,…

U/S 56 r w S 15 of the N I Act, 1881, an endorsement may be made by recording the part-payment of the debt in the cheque or in a note appended to the cheque – If the unendorsed cheque is dishonoured on presentation, the offence u/ S 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment.

SUPREME COURT OF INDIA DIVISION BENCH DASHRATHBHAI TRIKAMBHAI PATEL — Appellant Vs. HITESH MAHENDRABHAI PATEL AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli, JJ.…

You missed