Supreme Court of India Judgements

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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.
State Laws

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.

Jul 25, 2026 sclaw
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.
Accident
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.
State Laws
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
Stamp Act
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.
Service
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.
Corporate

When the contract not entered under MSME and parties would not be governed by the MSME Act and the parties shall be governed by the laws of India applicable and/or prevailing at the time of execution of the contract – Small Medium Enterprises Facilitation Council would have no jurisdiction

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. VAISHNO ENTERPRISES — Appellant Vs. HAMILTON MEDICAL AG AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Service Matters
Service

Appellant has been teaching the very same subject for the past nearly 16 years – Original Selection Committee which found him eligible for appointment, comprised of Professors from the Department of Sanskrit of which the diploma course in ‘Karm Kand’ was a part, a direction is issued to the University to regularise the services of the appellant.

Mar 31, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH CHANDRA SHUKLA — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Corporate

When the auction bid of the respondent had been Rs. 1.935 crores for the assets under sale, the Company Court had fixed the value of immovable property therein at Rs. 1.4 crores; and the District Registrar was also satisfied with that valuation. Therefore, stamp duty was to be collected only on the said valuation i.e., Rs. 1.4 crores

Mar 31, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SUB REGISTRAR ERNAKULAM KOCHI 16 — Appellant Vs. K. SYED ALI KADAR PILLAI AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and…

Uncategorized

(CrPC) – Section 188 – Sanction – In terms of Section 188, even if an offence is committed outside India, (a) by a citizen whether on the high seas or anywhere else or (b) by a non-citizen on a ship or aircraft registered in India, the Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India.

Mar 31, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SARTAJ KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…

C P C

Civil Procedure Code, 1908 (CrPC) – Order 7 Rule 11 – Madhya Pradesh Land Revenue Code, 1959 – Section 257 – the defendants cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority – Therefore, the learned trial Court rightly rejected the application under Order 7 Rule 11 CPC and rightly refused to reject the plaint –

Mar 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREMLATA @ SUNITA — Appellant Vs. NASEEB BEE AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Constitution

HELD lotteries’ is a species of gambling activity and hence lotteries is within the ambit of ‘betting and gambling’ as appearing in Entry 34 List II. if lotteries are conducted by private parties or by instrumentalities or agencies authorized, by Government of India or the Government of State, it would come within the scope and ambit of Entry 34 of List II – State Legislatures have legislative competence to impose tax on the lotteries conducted by other States in their State

Mar 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA AND ANOTHER ETC. — Appellant Vs. STATE OF MEGHALAYA AND ANOTHER ETC. — Respondent ( Before : M.R. Shah and B.V.…

Land Acquisition

Maharashtra Regional and Town Planning Act, 1966 – Sections 31(6) and 126 -The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for indefinite period – Appeal allowed.

Mar 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAXMIKANT AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters
Service

Armed Forces Tribunal Act, 2007 – Section 71(e) – Army Act, 1950 – Section 52(f) and 123 – Dismissal from service – Procurement of ration by Army purchase organisation – It cannot be said that the respondent has actually committed fraud or did any such act, which resulted in actual loss or wrongful gain to any person – Dismissal not sustainable

Mar 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. GEN. (RETD.) S.K. SAHNI — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

You missed

Accident

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.

Jul 25, 2026 sclaw
State Laws

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.

Jul 25, 2026 sclaw
Stamp Act

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

Jul 25, 2026 sclaw
Service

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.

Jul 25, 2026 sclaw