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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.

Application Not Necessary For Producing Secondary Evidence : SC HELD foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed.”

Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment] LIVELAW NEWS NETWORK 27 March 2020 3:38 PM In a judgment delivered on March 19, the Supreme Court has…

Coronavirus: Consider bail for all undertrials facing up to 7 years in jail to decongest prisons, Supreme Court to states HELD “…the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less”,

  Coronavirus: Consider bail for all undertrials facing up to 7 years in jail to decongest prisons, Supreme Court to states “…the State/Union Territory could consider the release of prisoners…

West Bengal Government Premises (Tenancy Regulation) Act, 1976 – Section 2(a) and 2(c) – Eviction proceedings – HELD Lease was in respect of three plots of land which did not contain any building and these plots of land do not satisfy the requirements of definition of “Government premises” within the meaning of Section 2(a) read with Section 2(c) of the Act. – Eviction proceedings initiated by the Corporation against respondent No.1 under the Act was without jurisdiction.

  SUPREME COURT OF INDIA DIVISION BENCH WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. &ORS. — Appellant Vs. M/S. SONA PROMOTERS PVT. LTD. &ORS. — Respondent ( Before : S.…

Management of recognised Non­ Government Madrasahs (Aided and Unaided) Rules, 2002 – Rule 8 – Appointment of Administrator – Managing Committees of the Madrasahs failed to initiate the process of election for reconstitution of the Committee within the prescribed period – No reason to interfere with the orders of the single judge of the High Court

  SUPREME COURT OF INDIA FULL BENCH THE MANAGING COMMITTEE, BHERAMARI A.M. HIGH MADRASAH & ANR. — Appellant Vs. THE STATE OF WEST BENGAL & ORS. — Respondent ( Before…

Mumbai Municipal Corporation Act, 1888 – Section 44 – Constitution of India, 1950 – Article 285 – Property tax – Liability -HELD This Court allow these appeals set aside the judgment of the High Court and held that the appellant is exempted and not liable to pay property tax under 1888 Act. However, the appellant is liable to pay services charges for the services rendered by the Corporation and it shall be open for the respondents to conduct an enquiry in accordance with provision of Section 144 of 1888

  SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. BRIHANMUMBAI MAHANAGAR PALIKA AND OTHERS — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ.…

Evidence Act, 1872 – Section 8 – Constitution of India, 1950 – Article 226 – Additional evidence – HELD any event subsequent to the passing of the said order cannot be a consideration for this Court to test the legality of the said order” may be generally correct but there can be exception if the above statement is treated as statement of law. In a writ petition under Article 226 subsequent events can be taken note of for varied purposes.

  SUPREME COURT OF INDIA DIVISION BENCH RAM CHANDRA PRASAD SINGH — Appellant Vs. SHARAD YADAV — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ. ) Civil Appeal…

Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act 2018 – Constitutional validity HELD The present MAs are, in effect, a substantive challenge to the actions of the State government in implementing the Reservation Act 2018 through the GO dated 15 May 2019 and the circular dated 24 June 2019. If the applicants are aggrieved by the steps which have been taken by the State government, it is open to them to pursue a substantive remedy for challenging the steps taken by the State government in independent proceedings

  SUPREME COURT OF INDIA DIVISION BENCH B K PAVITHRA AND ORS. — Appellant Vs. UNION OF INDIA AND ORS. — Respondent ( Before : Uday Umesh Lalit and Dr.…

Succession Act, 1925 – Sections 63, 69 – Evidence Act, 1872 – Section 65(c) – Will – It is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.

  SUPREME COURT OF INDIA DIVISION BENCH DHANPAT — Appellant Vs. SHEO RAM (DECEASED) THROUGH LRS. & ORS. — Respondent ( Before : L. Nageswara Rao And Hemant Gupta, JJ.…

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