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

Labour Court Award – Jurisdiction – Transfer of proceedings from Allahabad High Court to Uttaranchal High Court -Judicial discipline/propriety demand to respect the order passed by the Coordinate Bench and more particularly the judicial order passed by the Coordinate Bench of the High Court, in the present case the Allahabad High Court which as such was not under challenge before it – No error was committed by the High Court of Allahabad permitting the appellants to withdraw the writ petition pending before it with the liberty to file a fresh writ petition before the court having jurisdiction.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH JAL VIDYUT NIGAM LIMITED AND OTHERS — Appellant Vs. BALBIR SINGH — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ.…

Arbitration

A and C Act, 1996 – Ss 75 81, 34 and 34(2)(b) – Setting aside of arbitral award – Disturbing tendency of courts – Disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention and thereafter, dubbing the award to be vitiated by either perversity or patent illegality, apart from the other grounds available for annulment of the award – Every error of law committed by the Arbitral Tribunal would not fall within the expression ‘patent illegality’

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION LIMITED — Respondent ( Before : L. Nageswara Rao and S.…

Direct Taxation

Whether proportionate disallowance of interest paid by the banks is called for under Section 14A of Income Tax Act- Proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds/ securities which yield tax free dividend and interest to Assessee Banks in those situations where, interest free own funds available with the Assessee, exceeded their investments.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOUTH INDIAN BANK LIMITED — Appellant Vs. COMMISSIONER OF INCOME TAX — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. )…

Land Acquisition

Acquisition proceedings – Enhancement of compensation – Non adequate Compensation – Appellant is entitled for compensation for 2 hectares of land in reference to which compensation has not been awarded under the impugned judgment at the rate of Rs. 1,00,000/­ per hectare along with statutory entitlement to the claimant/appellant as referred to by the High Court in para (viii) till realization under the impugned judgment.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHUPENDRA RAMDHAN PAWAR — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR AND OTHERS ETC. — Respondent ( Before : Ajay Rastogi and Abhay S.…

C P C

Second Appeal – Power of High Court to determine issues of fact – If the appellants’ arguments were to prevail, the findings of fact based upon an entirely erroneous appreciation of facts and by overlooking material evidence would necessarily have to remain and bind the parties, thereby causing injustice – It is precisely for such reasons that the High Courts are empowered to exercise limited factual review under Section 103 CPC. However, that such power could be exercised cannot be doubted.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.N. NAGARAJAPPA AND OTHERS — Appellant Vs. H. NARASIMHA REDDY — Respondent ( Before : L. Nageswara Rao and S. Ravindra Bhat, JJ. )…

Constitution

Central Vigilance Commission Act, 2003 – Section 25, 25(a) and 25(f) – General Clauses Act, 1897 – Section 21 – Principal Special Director in Enforcement Directorate – Extension of tenure – Section 25(f) of the CVC Act has to be read as the tenure of office of the Director of Enforcement is for a minimum period of two years – There is no proscription on the Government to appoint a Director of Enforcement beyond a period of two years

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMON CAUSE (A REGISTERED SOCIETY) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Consumer

Medical negligence – Where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent – Indicate negligence there should be material available on record or else appropriate medical evidence should be tendered – Negligence alleged should be so glaring, in which event the principle of res ipsa loquitur could be made applicable and not based on perception

Sep 17, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. HARISH KUMAR KHURANA — Appellant Vs. JOGINDER SINGH AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil…

C P C

IMP : Suit for grant of perpetual injunction against the defendants restraining them or anybody claiming through them from interfering with the plaintiff’s peaceful possession and enjoyment of the suit property – High Court was right in holding that the suit simpliciter for permanent injunction without claiming declaration of title, as filed by the plaintiff, was not maintainable .

Sep 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH T.V. RAMAKRISHNA REDDY — Appellant Vs. M. MALLAPPA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…

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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