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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.

Kerala Motor Vehicle Rules,1989 – Rule 174(2)(c) – Under Rule 174(2)(c) of Kerala Motor Vehicle Rules,1989 – discretion will have to be exercised reasonably, fairly as the facts and circumstance would clearly demonstrate – For instance, where the vehicle sought to be substituted is marginally and inconsequentially older than the vehicle covered under the permit, the Authority may perhaps be justified in permitting such an application

SUPREME COURT OF INDIA DIVISION BENCH REGIONAL TRANSPORT AUTHORITY AND ANOTHER — Appellant Vs. SHAJU ETC. — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil…

Order of High Court Granting Interim Relief – Quashing of -High Court has as such made the proceedings before the DRAT infructuous, as after the impugned judgment and order nothing further is required to be decided by the DRAT – Therefore, the High Court has exceeded in its jurisdiction by passing the impugned judgment and order

SUPREME COURT OF INDIA DIVISION BENCH SRS ADVERTISING & MARKETING PRIVATE LIMITED AND OTHERS — Appellant Vs. MR. KAMAL GARG AND ANOTHER — Respondent ( Before : M.R. Shah and…

Maharashtra Co-operative Societies Rules, 1961 – Rule 107(14)(i) – Setting aside of auction sale – No sale shall be set aside on the ground of material irregularity, mistake or fraud unless the Recovery Officer is satisfied that the applicant had sustained substantial injury by reason of such irregularity, mistake or fraud.

SUPREME COURT OF INDIA DIVISION BENCH DEENADAYAL NAGARI SAHAKARI BANK LIMITED AND ANOTHER — Appellant Vs. MUNJAJI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

ESI – Doctor has clearly stated that the appellant has suffered from functional loss of 100% of the right upper limb – Commissioner for Workmen’s Compensation was right in holding that the disability of the appellant will have to be treated as 100% disability – High Court committed an error holding that the disability ought to have been assessed as 70% partial permanent disability instead of 100% – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH ARJUN S/O. RAMANNA @ RAMU — Appellant Vs. IFFCO TOKIO GENERAL INSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : Ajay Rastogi and…

Amazon vs Reliance – Resumption of NCLT Proceedings – Single Judge of the Delhi High Court, to consider all the contentions raised by both the parties in this regard and pass appropriate order as to continuation of the NCLT proceedings beyond the stage mentioned at serial no. 8 and other regulatory approvals expeditiously, uninfluenced by any observations made herein.

SUPREME COURT OF INDIA FULL BENCH FUTURE COUPONS PRIVATE LIMITED AND OTHERS — Appellant Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC AND OTHERS — Respondent ( Before : N.V. Ramana, CJI,…

Hindu Marriage Act, 1955 – Section 13(1)(ia) and 13(1)(ib) – Divorce on the grounds of cruelty and desertion by wife – From June 2009 wife left the matrimonial home with all her personal belongings and consistently refused to consummate the marriage, thereby causing mental agony to the husband – – From the evidence on record, an inference can be drawn that there was animus deserendi on the part of the wife

SUPREME COURT OF INDIA DIVISION BENCH DEBANANDA TAMULI — Appellant Vs. SMTI KAKUMONI KATAKY — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No.…

Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief – HELD Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief -Cancellation of lease – – Filing of a false affidavit disentitles the plaintiff for any equitable relief – any irregularity in the process of cancellation stands cured with Chief Executive Officer granting permission.

RAVINDRA KUMAR SINGHVI (DEAD) THR. LRS. — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 382 of 2012 Decided on : 15-02-2022 Cancellation of…

Plea of juvenility has to be raised in a bonafide and truthful manner. If the reliance is on a document to seek juvenility which is not reliable or dubious in nature, the appellant cannot be treated to be juvenile keeping in view that the Act is a beneficial legislation – Appellant cannot be given benefit of juvenility – HELD birth certificate issued by corporation or municipal authority or a panchayat is a relevant document to prove the juvenility -Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH MANOJ @ MONU @ VISHAL CHAUDHARY — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

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