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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.

Land Acquisition Act, 1894 – Sections 4, 48(1) and 30 – Transfer of Property Act, 1882 – Sections 111 and 106 – Limitation Act, 1963 – Articles 65, 66 and 67 – Suit for possession – Limitation – HELD Appellants-plaintiffs have claimed possession from the defendant alleging him to be the tenant and that he had not handed over the leased property after determination of the lease – Therefore, such suit would fall within Article 67 of the Limitation Act.

  SUPREME COURT OF INDIA DIVISION BENCH NAND RAM (D) THROUGH LRS. & ORS. — Appellant Vs. JAGDISH PRASAD (D) THROUGH LRS. — Respondent ( Before : L. Nageswara Rao…

Registration Act, 1908 – Section 17, 17(1)(b), 17(1) and 17(2)(v) – Suit for declaration HELD When legislature has specifically excluded applicability of clause (b) and (C) with regard to any decree or order of a Court, applicability of Section 17(1)(b) cannot be imported in Section 17(2)(v) by any indirect method – Decree and order did not require registration and were fully covered by Section 17(2)(vi), which contains exclusion from registration as required in Section 17(1)

  SUPREME COURT OF INDIA DIVISION BENCH GURCHARAN SINGH & ORS. — Appellant Vs. ANGREZ KAUR & ANR. — Respondent ( Before : Ashok Bhushan and Navin Sinha JJ. )…

We are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of this Court in Sakiri Vasu v. State Of Uttar Pradesh And Others.” HELD that section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation

  SUPREME COURT OF INDIA FULL BENCH M. SUBRAMANIAM AND ANOTHER — Appellant Vs. S. JANAKI AND ANOTHER — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar And Sanjiv…

Service Matters

Constitution of India, 1950 – Articles 14 and 16 – Delhi Police (Appointment & Recruitment) Rules, 1980 – Rules 7 and 27A – Head Constable – Promotion – It is a settled law that prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially the matters of policy. HELD Prescription of such limit or the extent of relaxation to be given, cannot ordinarily be termed as arbitrary or unreasonable.

  SUPREME COURT OF INDIA DIVISION BENCH SUBODH KUMAR AND OTHERS — Appellant Vs. COMMISSIONER OF POLICE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Ajay…

The order of the NGT directing the appellant to conduct a rapid EIA is upheld, though for the reasons which we have indicated above. We clarify that no other Court or Tribunal shall entertain any challenge to the ultimate decision of the SEAC or the SEIAA. Liberty is granted to the parties to approach this Court upon any grievance from the decision of the SEAC or the SEIAA pursuant to the order of this Court.

  SUPREME COURT OF INDIA DIVISION BENCH BENGALURU DEVELOPMENT AUTHORITY — Appellant Vs. MR SUDHAKAR HEGDE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hemant Gupta,…

The instant suit by the legal heirs of “G” was filed more than 30 years later on 11.11.1987 after his death – Plaintiffs failed to established or lead any evidence with regard to availability of funds with “G” so as to make an endeavour to purchase his own property in the auction sale through Govindan. Civil Procedure Code, 1908 (CPC) – Section 66(1) – Auction sale

  SUPREME COURT OF INDIA DIVISION BENCH PALANIAMMAL AND OTHERS — Appellant Vs. KAMALAKANNAN AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil Appeal…

Limitation Act, 1963 – Sections 5 and 14 – Civil Procedure Code, 1908 (CPC) – Order 21 Rule 90 – Auction sale – Setting aside of – Extension of time – Section 5 of the Act which deals with extension of time or condonation of delay is not applicable to proceedings under Order XXI Rule 90 of the CPC

  SUPREME COURT OF INDIA DIVISION BENCH AARIFABEN YUNUSBHAI PATEL AND OTHERS — Appellant Vs. MUKUL THAKOREBHAI AMIN AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak…

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