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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.

Rules 4 and 5 of Rules, 1994 as well as Rule 2(b) of Rules, 2007 does in no manner disobey the mandate of Article 243S(4), both can be complied with without any conflict between the two different provisions – Provisions of Section 5(3)(iii) (a) as well as Rules 4 and 5 of Rules, 1994 and Rule 2(b) of Rules, 2007 are not inconsistent with provisions of Article 243S.

SUPREME COURT OF INDIA FULL BENCH PARMAR SAMANTSINH UMEDSINH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Admission to MBBS course in all medical educational institutions on the basis of merit list of NEET – All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments – All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments

SUPREME COURT OF INDIA DIVISION BENCH SARASWATI EDUCATIONAL CHARITABLE TRUST AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and S.…

Medical – Establishment of Medical College – Essentiality Certificate – State Government has power to withdraw the Essentiality Certificate where it is obtained by playing fraud on it or where the very substratum on which the EC was granted vanishes or any other reason of like nature.

SUPREME COURT OF INDIA FULL BENCH V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC — Appellant Vs. STATE OF KERALA AND OTHERS ETC — Respondent ( Before : A.M. Khanwilkar, B.R.…

Murder of wife at the advanced stage of pregnancy – Of late, Courts have, from the falsity of the defence plea and false answers given to Court, when questioned, found the missing links to be supplied by such answers for completing the chain of incriminating circumstances necessary to connect the person concerned with the crime committed – Accused-husband rightly convicted.

SUPREME COURT OF INDIA DIVISION BENCH R. DAMODARAN — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ.…

Service Matters

Constitution of India, 1950 – Art 14, 16 & 21 – Pension Scheme – Retired employees – Whenever such new benefit is extended for the existing employees, retired employees cannot seek such benefit, merely on the ground that they too were the former employees of the Corporation.

SUPREME COURT OF INDIA FULL BENCH HIMACHAL ROAD TRANSPORT CORPORATION AND ANOTHER — Appellant Vs. HIMACHAL ROAD TRANSPORT CORPORATION RETIRED EMPLOYEES UNION — Respondent ( Before : Ashok Bhushan, R.…

Education Law – Affiliation for conducting MBBS and post graduate courses- In case of non-compliance, the order passed by the ASC for withdrawal of the affiliation would continue – Not find anything wrong in the letter whereby KUHS has rejected KMC’s application for continuation of affiliation for the academic year 2020-21 as it is a necessary sequitur and consequence of the two orders passed by this Court.

SUPREME COURT OF INDIA DIVISION BENCH LALITHA R NATH AND OTHERS — Appellant Vs. KANNUR MEDICAL COLLEGE AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

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