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Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems. Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation. Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India. Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial. 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.

SARFAESI – Section 14(1A) – Taking of Possession of Secured Assets and Documents – Held, An advocate is and must be regarded as an officer of the court and subordinate to the CMM/DM for the purposes of Section 14(1A) of the 2002 Act – It is open to the District Magistrate (DM) or the Chief Metropolitan Magistrate (CMM) to appoint an advocate and authorise him/her to take possession of the secured assets and documents relating thereto

SUPREME COURT OF INDIA DIVISION BENCH NKGSB COOPERATIVE BANK LIMITED — Appellant Vs. SUBIR CHAKRAVARTY AND OTHERS — Respondent ( Before : A.M. Khanwilkar and C.T. Ravikumar, JJ. ) Civil…

National Investigation Agency Act, 2008 – Section 17 – Objective of Section 44, UAPA, Section 17, NIA Act, and Section 173(6) is to safeguard witnesses – They are in the nature of a statutory witness protection – On the court being satisfied that the disclosure of the address and name of the witness could endanger the family and the witness, such an order can be passed – They are also in the context of special provisions made for offences under special statutes.

SUPREME COURT OF INDIA DIVISION BENCH WAHEED-UR-REHMAN PARRA — Appellant Vs. UNION TERRITORY OF JAMMU AND KASHMIR — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

Motor Accident – Compensation – Enhancement of – Post accident – Pain, suffering and trauma suffered by the claimant cannot be compensated in terms of the money – However, still it will be a solace to award suitable compensation under different heads including the pain, shock and suffering, loss of amenities and happiness of life

SUPREME COURT OF INDIA DIVISION BENCH SRI BENSON GEORGE — Appellant Vs. RELIANCE GENERAL INSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Sections 25 and 27 – Murder – Re-appreciation of evidence – evidence cannot be discarded only for the reason that PW allegedly did not raise any alarm or did not try to intervene when the deceased was being ferociously assaulted and stabbed

SUPREME COURT OF INDIA DIVISION BENCH SURESH YADAV @ GUDDU — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Criminal…

Work and Contract – Blacklisting/Banning – Considering the seriousness of the matter that due to the omission and commission on the part of the contractor a serious incident had occurred as there was a collapse of a ten meter slab while constructing a flyover in which one person died and eleven others injured, as such the contractor does not deserve any leniency

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS — Appellant Vs. M/S PANDA INFRAPROJECT LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Rajasthan Agricultural Produce Markets Act, 1961 – Sections 9, 9(1), 9(2) and 9(2)(xvii) – Exemption to pay service tax – If the statute mandates that the Market Committees have to provide the land/shop/platform/space on rent/lease then and then only it can be said to be a mandatory statutory obligation otherwise it is only a discretionary function. No exemption from tax.

SUPREME COURT OF INDIA DIVISION BENCH KRISHI UPAJ MANDI SAMITI, NEW MANDI YARD, ALWAR — Appellant Vs. COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, ALWAR — Respondent ( Before :…

Employees Provident Fund And Miscellaneous Provisions Act, 1952 – Section 14B – Power to recover damages – Held, any default or delay in the payment of EPF contribution by the employer under the Act is a sine qua non for imposition of levy of damages under Section 14B of the Act 1952 and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.

SUPREME COURT OF INDIA DIVISION BENCH HORTICULTURE EXPERIMENT STATION GONIKOPPAL, COORG — Appellant Vs. THE REGIONAL PROVIDENT FUND ORGANIZATION — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

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