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Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs. Dispute over cadre change versus mere transfer — A transfer is a change of posting within the same service without altering seniority or substantive status, differing from a cadre change which involves a structural shift between services with significant implications for seniority and promotional avenues, requiring specific authority. Evidence Act, 1872 — Eyewitness testimony vs. Medical evidence — In case of conflict, eyewitness testimony, especially of an injured witness who is found to be reliable and has withstood cross — examination, is generally superior to expert medical opinion formed by an expert witness — Lack of independent witnesses does not automatically compromise the prosecution case, especially when societal realities suggest potential fear or hesitation Protracted Government Inaction and Third — Party Rights — Despite an initial timeline of two months for an inquiry and subsequent hopes for completion within six months, the government showed significant delay, stretching over six years without a final decision — During this period, extensive third — party rights were created through land sales and construction of villas and flats by innocent purchasers — The Court observed that it’s inappropriate for a welfare state to attempt to undo decades — old transactions, especially when innocent citizens have invested their hard — earned money, and basic amenities should not be denied to occupants of constructed properties. Delhi Rent Control Act, 1958 vs. Government Grants Act, 1895 — Relationship Governed by Grant — A lease originating from a Government grant, as governed by the Government Grants Act, 1895, is not subject to the Delhi Rent Control Act, 1958 — The incidence and enforceability of such a grant are governed solely by its tenor — The legal character of the grant does not derive from conventional landlord — tenant relationships but from the sovereign grant and its embedded conditions — Therefore, eviction proceedings under the Delhi Rent Control Act are not maintainable for holdings originating from a Government grant.

Penal Code, 1860 (IPC) – Sections 406, 409, 420, 465, 468, 471 and 120B – Prevention of Corruption Act, 1988 – Section 13(1)(d) – Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Bail application – Arguments of threat to national security cannot accept this contention blind fold- In any case, the prosecution is not remedy less, if a person enlarged on bail, indulges in certain activities – BAIL GRANTED

  SUPREME COURT OF INDIA FULL BENCH JINOFER KAWASJI BHUJWALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ashok Bhushan, M.R. Shah and V. Ramasubramanian, JJ. )…

Death Penalty Cannot Be Imposed By Giving Retrospective Effect To POCSO Amendment To An Offence Committed Prior To Amendment HELD “The punishment of not being released till his last breath is punitive enough to send a signal to the society and it cannot be that only the death sentence can send a right signal”

Death Penalty Cannot Be Imposed By Giving Retrospective Effect To POCSO Amendment To An Offence Committed Prior To Amendment: SC [Read Order] Mehal Jain 17 Jun 2020 12:08 PM “The…

SC Allows Woman With Twin Pregnancy To Medically Terminate One Foetus With Down Syndrome HELD Medical board found the foetus suffered from incurable “chromosomal abnormality” and the same is classified in the list of “substantial and serious abnormalities” and no termination of abnormal foetus carries negligible risks to the mother “and is proven extremely safe and large seriies with no maternal deaths”

SC Allows Woman With Twin Pregnancy To Medically Terminate One Foetus With Down Syndrome [Read Order] LIVELAW NEWS NETWORK 17 Jun 2020 9:15 AM The Supreme Court on Tuesday permitted…

Accident – Rash and negligent driving – Compensation – Enhancement of – Orthopedic Surgeon, deposed that the appellant had suffered nine injuries, of which seven were grievous in nature and she had to undergo two surgeries which left her disabled from doing house work .Whole body disability assessed at 32%. HELD Appeal allowed. High Court for inexplicable reasons opined that it would be reasonable to determine the whole body disability at 20%

  SUPREME COURT OF INDIA FULL BENCH SAVITHA — Appellant Vs. M/S. CHODAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and…

Service Matters

Constitution of India, 1950 – Article 32 and 142 – Appointment – Post of Police Sub-Inspector – Selection and appointment of the 133 candidates are passed in the peculiar background of the litigation starting from the advertisement in the year 2004 and several rounds of litigations during the past fourteen years, in exercise of jurisdiction under Article 142 of the Constitution of India and the same shall not be treated as a precedent.

Docid # IndLawLib/1467956 SUPREME COURT OF INDIA FULL BENCH NIRBHAY KUMAR AND OTHERS — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhushan, M.R. Shah…

HELD Invocation of the jurisdiction under Article 32 is not a bona fide recourse to the jurisdiction in a public interest litigation. Consequently, besides dismissing the petition an order directing the imposition of exemplary costs is necessary – This Court accordingly dismiss the petition and impose costs quantified at Rs 5,00,000 on the petitioner.

  SUPREME COURT OF INDIA FULL BENCH UMEDSINH P CHAVDA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud, Hemant Gupta and Ajay Rastogi,…

HELD High Court has committed error in granting only 15% towards future prospects instead of 30% – As per the judgments of this Court primarily the age group is to be considered – Considering the age group as 40 to 50 years, when the multiplier of 13 is maintained by the High Court, there is no reason or justification for reducing the compensation by granting 15% towards future prospects – Appeal allowed.

  SUPREME COURT OF INDIA FULL BENCH M.H. UMA MAHESHWARI AND OTHERS — Appellant Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : N.V. Ramana, R.…

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order HELD “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Read Order] LIVELAW NEWS NETWORK 12 Jun 2020 10:58 AM The Supreme…

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