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Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16. Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist. Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits. Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Necessary Ingredients to constitute an offence under Section 420 (IPC) are as follows: (i) a person must commit the offence of cheating under Section 415; and (ii) the person cheated must be dishonestly induced to (a) deliver property to any person; or (b) make, alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security.

SUPREME COURT OF INDIA DIVISION BENCH ARCHANA RANA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Supreme Court had taken suo motu cognizance of the problems faced by migrant labourers “who have been stranded in different parts of the country.” The Court had issued notice to the Centre and all states and union territories, directing them to submit their responses to tackle this “urgent” situation.

[COVID-19 Migrant Crisis] 90% of migrants already transported, argues SG Tushar Mehta; Supreme Court reserves order for June 9 Debayan Roy Jun 5, 2020, 4:01 PM IST The Supreme Court today…

Service Matters

Principle of `equal pay for equal work’, in relation to temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis HELD that all the concerned temporary employees, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay-scale (-at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post.

SUPREME COURT OF INDIA Before:- Jagdish Singh Khehar and S.A. Bobde, JJ. Civil Appeal No. 213 Of 2013. D/d. 26.10.2016. State of Punjab & Ors. – Appellants Versus Jagjit Singh…

Matrimonial Law – Restitution of conjugal rights – Wronged party cannot be expected to continue with the matrimonial relationship. Husband is accordingly held entitled to dissolution of his marriage and consequently the wife’s application for restitution of conjugal rights stands dismissed

SUPREME COURT OF INDIA FULL BENCH JOYDEEP MAJUMDAR — Appellant Vs. BHARTI JAISWAL MAJUMDAR — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ. ) Civil…

Private Medical Educational Institutions) Act, 2017 – Ss 8 and 11 – Fixation of fee – it is no more res integra that the right conferred on the institutions to fix fee for professional courses is subject to regulation – It need not be reiterated that unaided professional institutions have the autonomy to decide on the fee to be charged, subject to the fee not resulting in profiteering or collection of capitation fee

SUPREME COURT OF INDIA DIVISION BENCH NAJIYA NEERMUNDA AND ANOTHER ETC — Appellant Vs. KUNHITHARUVAI MEMORIAL CHARITABLE TRUST AND OTHERS ETC — Respondent ( Before : L. Nageswara Rao and…

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