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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.

IMP :: COVID-19 outbreak – Supreme Court of India and High Courts have adopted measures to reduce the physical presence of lawyers, litigants, court staff, para legal personnel and representatives of the electronic and print media in courts across the country and to ensure the continued dispensation of justice. HELD Words and Phrases – ‘Evidence’ – Term ‘evidence’ includes electronic evidence and that video conferencing may be used to record evidence.

SUPREME COURT OF INDIA FULL BENCH IN RE: GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19 PANDEMIC ( Before : S.A. Bobde; CJI, D.Y. Chandrachud and L. Nageswara Rao,…

[COVID-19] SC Issues Slew Of Directions To Implement Video Conferencing In All Courts Across The Country HELD “Every individual and institution is expected to cooperate in the implementation of measures designed to reduce the transmission of the virus. The scaling down of conventional operations within the precincts of courts is a measure in that direction.”

[COVID-19] SC Issues Slew Of Directions To Implement Video Conferencing In All Courts Across The Country [Read Order] LIVELAW NEWS NETWORK 6 April 2020 5:10 PM “Every individual and institution…

COVID-19 pandemic – Distribution of surgical /n95 masks and also the sale and distribution of hand sanitizers and liquid soap and to make such items available to the public at large at reasonable prices – Helpline to be provided at the control rooms responding to complaints by persons who are not able to secure surgical/n95 masks and the hand sanitizers and liquid soaps at the prices fixed by the Government of India.

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS DIVISION BENCH JUSTICE FOR RIGHTS FOUNDATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara…

Electricity Act, 2003 – Levy of wheeling charges – Transmission licence – It was contended on behalf of HPCL that 110 kV HPCL line is a transmission line – The metering for HPCL is done at TPC-D sub-station which is admittedly a transmission asset – The CEA Regulations 2010, the Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2016 and the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2016 provide for demarcation between the transmission and distribution boundaries on the basis of voltage – The Tribunal erred in ignoring the said Regulations while holding that 2×110 kV lines are part of the distribution system HELD Tribunal judgement set aside, remitted for fresh adjudication.

SUPREME COURT OF INDIA DIVISION BENCH SAI WARDHA POWER GENERATION LIMITED — Appellant Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Service Matters

Service Law – Disaster Management Act, 2005 – Section 44 – Disaster Management (National Disaster Response Force) Rules, 2008 – Rule – 75 – Deputation Allowance – Jurisdiction of High Court – Till 11.09.2009 the respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. THIYAGARAJAN — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal…

NDTV TAX CASE : Income Tax Act, 1961 – Sections 147 proviso 2 and 148 – Scrutiny Notice – If the revenue is to rely upon the second proviso and wanted to urge that the limitation of 16 years would apply, then in opinion in the notice or at least in the reasons in support of the notice, the assessee should have been put to notice that the revenue relies upon the second proviso HELD We accordingly allow the appeal by holding that the notice issued to the assessee shows sufficient reasons to believe on the part of the assessing officer to reopen the assessment but since the revenue has failed to show non-disclosure of facts the notice having been issued after a period of 4 years is required to be quashed.Therefore, the revenue may issue fresh notice taking benefit of the second proviso if otherwise permissible under law.

SUPREME COURT OF INDIA DIVISION BENCH NEW DELHI TELEVISION LIMITED — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…

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