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.
Constitution

HELD Our answer with respect to the first prayer in Miscellaneous Application No. 1465 of 2021 will be sufficient to take care of the issue of special audit dealt with in the resolution dated 27.10.2020. The urgency spelt out in the report dated 31.08.2021, however, calls for immediate action. We, therefore, direct that the special audit, as referred to hereinabove, with respect to Sree Padmanabhaswamy Temple and SPSTT be completed as early as possible and preferably within three months from the date of this order.

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SRI MARTHANDA VARMA (D) TH. LRS. AND OTHERS — Appellant Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

Service Matters
Service

HELD direct the respondent(s) to give effect to the judgment of the High Court dated 04.11.2011 which had affirmed the order of the Tribunal dated 08.04.2010 by recalling orders of reversion, if any, and extending monetary benefits to the appellants herein and thereafter, to consider their cases under the Voluntary Retirement Scheme (VRS) if they have so applied and if their applications are in order. No costs.

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  MEDINI. C AND OTHERS ETC. ETC. — Appellant Vs. BHARAT SANCHAR NIGAM LIMITED AND OTHERS ETC. ETC. — Respondent ( Before : L. Nageswara…

I P C

IPC Section 302/34 – no contra evidence on behalf of the defence to explain as to why they all went together to the spot with fire-arms and shot at the deceased – On the other hand, the antecedent enmity between the accused and the victims as narrated in detail by PW-1 clearly brings out the fact that there existed a common intention on the part of the accused inasmuch as they went together armed with guns in broad day light to the land where the victims were engaged in irrigation – Also the manner in which the crime was executed clearly establishes a concerted action on part of the accused – Conviction under section 302 read with Section 34 of IPC uphold – Appeal dismissed.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH INDRAPAL SINGH AND OTHERS — Appellant Vs. STATE OF U.P. — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Service Matters
Service

Constitution of India, 1950 – Articles 14 and 16 – Educational qualification is a valid ground for classification between persons of the same class in matters of promotion and is not violative of Articles 14 and 16 of the Constitution. HELD Separate eligibility conditions for promotion to supernumerary Assistant Engineers posts on the basis of educational qualification is in line with the past promotion practices of Kolkata Municipal Corporation and is not an unreasonable classification.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  CHANDAN BANERJEE AND OTHERS — Appellant Vs. KRISHNA PROSAD GHOSH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

Customs & Excise

Tribunal has not looked into the merits of the appeals at all on the facetious ground that the show cause notice did not contain any basis to doubt the classification of the goods and that while issuing the notice, the adjudicating authority had not examined the classification based on the report of the laboratory – Findings of the Tribunal are contrary to the record and cannot therefore be sustained – The goods were leviable to confiscation in terms of Section 111(m) of the Customs Act 1962 – The goods were chargeable to anti-dumping duty; and respondent was liable to pay interest under Section 28AB and penalty under Section 112(a) read with Section 118(a) of the Customs Act 1962.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  COMMISSIONER OF CUSTOMS, PUNE — Appellant Vs. M/S BALLARPUR INDUSTRIES LIMITED — Respondent ( Before : Dhananjaya Y. Chandrachud, Vikram Nath and Hima Kohli,…

I P C

High Court ought not to have convicted the appellant for the offence under Section 304 Part­I IPC – In absence of any intention on the part of the appellant, It is a clear case where the conviction of the appellant is to be modified to one under Section 304 Part­II IPC by maintaining the conviction for the offence under Section 201 IPC. HELD converting conviction from the one under Section 304 Part­I IPC to the one under Section 304 Part­II IPC – Appeals are allowed in part and conviction of the appellant is modified from the one under Section 304 Part­ I /34 IPC to the one under Section 304 Part ­II /34 IPC

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  KALA SINGH @ GURNAM SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

C P C

Second Appeal – Substantial question of law – High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land. Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment in our assessment, fails the scrutiny of law.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL — Appellant Vs. RAMDWAR MAHAVIR PANDE (DEAD) THR. LRS. AND OTHERS — Respondent (…

Uncategorized

(CPC) – Rejection of plaint – Underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings. It has been held that in such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  RAJENDRA BAJORIA AND OTHERS — Appellant Vs. HEMANT KUMAR JALAN AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Corporate

Coal Mines (Special Provisions) Act, 2015 – Section 11 – Discharge or adoption of third party contracts with prior allottees – Successful allottee or bidder has complete freedom to decide as to whether he desires to continue or adopt any such existing contracts in relation to coal mining operation – If the successful bidder or allottee elects not to adopt or continue with the existing contracts, all such contracts shall cease to be enforceable against the successful bidder or allottee in relation to Schedule I coal mines.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER — Appellant Vs. EMTA COAL LIMITED — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

Property Matters

Execution of lease deed – Determination of market value plot – In order, it has been specifically observed that so far as the dispute of the balance enhanced amount is concerned, the same shall be settled and disposed of after exchange of affidavits – In that view of the matter the High Court has erred in observing that the rate of Rs.5900/­ per sq.meter mentioned in the lease deed shall be conclusive and final and binding between the parties.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND OTHERS — Appellant Vs. 24 ORANGES LAB LLP AND ANOTHER — Respondent ( Before : M.R. Shah and…

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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