Supreme Court of India Judgements

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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.
Accident

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.

Jun 26, 2026 sclaw
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.
Accident
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.
Cr P C
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.
State Laws
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.
Specific Performance
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.
Land Acquisition

Land Acquisition – As per the settled preposition of law, the compensation determined for the lands acquired subsequently cannot be said to be comparable at all. Even otherwise in the facts and circumstances, the same cannot be said to be comparable because of the fact that it has come on record that in the year 1976 when the lands in question were acquired, there was no development at all, however, subsequently, after 1980 the development had taken place – Appeal are partly allowed.

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAI PAL SINGH AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

Constitution

S L P – HELD There is a delay of approximately six years in preferring the special leave petition – No sufficient cause has been shown explaining the huge delay of six years – It is required to be noted that after the impugned judgment and order has been passed by the High Court enhancing the compensation to Rs. 28.12 Per Square Yard, in fact, the respondents accepted the judgment. Dismissed

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIHARI (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

Constitution

HELD 1) The construction of the toll plaza at 194 kilometre was not illegal or arbitrary; (2) The direction by the High Court, to shift toll plaza, cannot be upheld and it is liable to be set aside; (3) The appellants will look at the barricades (closing of service roads) in regard to the toll plaza and permit such barricades only as are permitted in Rule 17 of the Rules. Any unauthorised barricades will be removed without any delay and at any rate within 2 weeks from today.

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS — Appellant Vs. MADHUKAR KUMAR AND OTHERS — Respondent ( Before : K.M Joseph and S. Ravindra…

C P C

(CPC) – S 92 – A suit under section 92 CPC is of a representative character and all persons interested in the Trust would be bound by the judgment in the suit, and persons interested would be barred by the principle of res judicata from instituting a subsequent suit on the same or substantially the same issue. While deciding on a scheme for administration in a representative suit filed under Section 92 of the CPC the court may, if the title is contested, have to decide if the property in respect of which the scheme for administration and management is sought belongs to the Trust.

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE JAMIA MASJID — Appellant Vs. SRI K V RUDRAPPA (SINCE DEAD) BY LRS. AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

C P C

(CPC) – Section 100 – Punjab Courts Act, 1918 – Section 41 – Findings of fact – Second appeal – Jurisdiction – Jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be – Findings of fact will also include the findings on the basis of documentary evidence – Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact.

Sep 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND OTHERS — Appellant Vs. BIMLA DEVI AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. )…

Consumer

Insurance claim – Temporary registration of the vehicle expired – On the date of theft, the vehicle had been driven/used without a valid registration, amounting to a clear violation of Sections 39 and 192 of the Motor Vehicles Act, 1988 – This results in a fundamental breach of the terms and conditions of the policy, as held by this Court in Narinder Singh vs. New India Assurance Co. Ltd., (2014) 9 SCC 324. entitling the insurer to repudiate the policy – Insurance claim denied.

Sep 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  UNITED INDIA INSURANCE CO. LIMITED — Appellant Vs. SUSHIL KUMAR GODARA — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Bela.…

Cr P C

HELD converting a civil dispute into a criminal dispute, with a view to pressurize the accused. In the order impugned in these petitions, the High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud – Therefore, the impugned order cannot be said to be bad in the light of Neeharika (2021) SCC Online SC 315 case principles – High Court was perfectly justified in granting interim protection

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION — Appellant Vs. RAMESH KUMAR BUNG AND OTHERS — Respondent ( Before : Indira Banerjee…

I B C

Once the “Operational Creditor” has filed an application which is otherwise complete, the adjudicating authority has to reject the application under Section 9(5)(ii)(d) of IBC, if a notice has been received by “Operational Creditor” or if there is a record of dispute in the information utility

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAY BOUVET ENGINEERING LIMITED — Appellant Vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

Arbitration

A and C Act, 1996 – S 11(6) – Appointment of sole arbitrator – HELD Parties have neither denied that there is no ‘arbitrable dispute’ between them nor have they challenged the existence of the arbitration clause(s) in the Construction Management Service Agreements – Considering that the primary twin-test envisioned under Section 11(6) of the Act has been satisfied by the Petitioner – Nature of disputes that have arisen between the parties, thus, can be adjudicated in the arbitral proceedings

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DLF HOME DEVELOPERS LIMITED — Appellant Vs. RAJAPURA HOMES PRIVATE LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, Surya Kant, JJ.…

Narcotics

(NDPS) – Sections 8, 21, 27A, 29, 37(1)(b), 37(1)(b)(ii), 42 and 67 – Cancellation of bail -A finding of the absence of possession of the contraband on the person of the respondent by the High Court in the impugned order does not absolve it of the level of scrutiny required under Section 37(1)(b)(ii) of the NDPS Act – A confessional statement made under Section 67 of the NDPS Act will not be admissible in evidence – Contention that Section 42 of the NDPS Act was not complied with is prima facie misplaced

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, LUCKNOW — Appellant Vs. MD. NAWAZ KHAN — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

You missed

Accident

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.

Jun 26, 2026 sclaw
Cr P C

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.

Jun 26, 2026 sclaw
State Laws

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.

Jun 24, 2026 sclaw
Specific Performance

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.

Jun 24, 2026 sclaw