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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.

Every transfer of land not exceeding thirty standard acres made by a person upto the thirty first day of December, 1969 in favour of an agriculturist domiciled in Rajasthan- transfer was executed way before the cutoff date stipulated under Section 30DD i.e. 31.12.1969. Therefore, the registered gift deed dated 19.12.1963 was a bona fide transfer squarely covered within the ambits of Section 30DD, which intended to protect the rights of agriculturalists.

SUPREME COURT OF INDIA FULL BENCH DAULAT SINGH (D) THR. LRS. — Appellant Vs. THE STATE OF RAJASTHAN & OTHERS — Respondent ( Before : N.V. Ramana, S. Abdul Nazeer…

Construction of Elevated Corridor (Flyover) – Rejection of bid on ground that bidder suppressed information required under paragraph 13 of Appendix IA – State of Madhya Pradesh is directed to issue a LOI as soon as is practically possible to “R” insofar as the present tender is concerned at the same financial bid as that of UPSBC.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND ANOTHER — Appellant Vs. U.P. STATE BRIDGE CORPORATION LIMITED AND ANOTHER — Respondent ( Before : Rohinton Fali…

Convenience note – Presentation made by learned Standing Counsel for the State in the Convenience Note extracted is an illustration how a case can be presented on behalf of the State – This Court may suggest that Convenience Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court – Registry may circulate copies of this Order to all the learned Standing Counsel for the States.

SUPREME COURT OF INDIA FULL BENCH KAUSHAL VERMA AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Uday Umesh Lalit, Vineet Saran and S. Ravindra Bhat,…

Service Matters

Allocation of employees – Power sector undertakings in the States of Telangana and Andhra Pradesh – One-Man Committee having completed the process of allocation, the allocation cannot be challenged by any employee or officer or any utility before any forum.

SUPREME COURT OF INDIA DIVISION BENCH TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) — Appellant Vs. ANDHRA PRADESH POWER GENERATION CORPORATION LTD. — Respondent ( Before : Ashok Bhushan and M.R.…

Cr P C – Principle underlying s 186 can be applied at the pre-charge-sheet stage, that is, post registration of FIR but before charge-sheet is submitted to the Magistrate – In such cases ordinarily the first FIR, that is, the FIR registered first in point of time, should be treated as the main FIR and others as statements under Section 162 of the Criminal Code

SUPREME COURT OF INDIA DIVISION BENCH AMISH DEVGAN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Sanjiv Khanna, JJ. ) Writ Petition…

Admission in Medical Colleges – Illegal denial of admission – Respondent No.2-College adopted unfair means to deprive Respondent No.1 admission to PG course. Respondent No.1 has lost one precious academic year for no fault of hers for which she has to be compensated by way of an amount of Rs.10 Lakhs to be paid by Respondent No.2

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL MEDICAL COMMISSION — Appellant Vs. MOTHUKURU SRIYAH KOUMUDI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Motor Vehicle – Accident – Death – authoritative pronouncement of this Court in National Insurance Co Ltd v. Pranay Sethi, (2017) 16 SCC 680, the claimants are entitled to an increase of 40% towards annual dependency on account of ‘future prospects’ given the undisputed age of the deceased – Non examination of witness -Courts should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true. – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH  ANITA SHARMA AND OTHERS — Appellant Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Surya Kant and Aniruddha…

Foundation ceremony of Central Vista project -we clarify that the authorities would be free to continue with procedural processes without altering the status of the site(s) in question in any manner, including to continue with the scheduled progmramme of foundation stone-laying on 10th December, 2020.

SUPREME COURT OF INDIA FULL BENCH RAJEEV SURI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, JJ. )…

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