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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.

Criminal Procedure Code, 1973 (CrPC) – Section 433-A – Army Act, 1950 – Section 69 – Ranbir Penal Code, 1989 – Section 302 – Civil offence of murder – Benefit of remission – Section 433­A of the Code of Criminal Procedure, 1973 would also be applicable to a case tried for offence under Section 69 of the Army Act, 1950 and a person who has been imposed with a life sentence cannot be released unless he has actually served 14 years’ of imprisonment, without taking into consideration the remissions earned by him in jail

  SUPREME COURT OF INDIA FULL BENCH EX-GUNNER VIRENDER PRASAD — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya…

Penal Code, 1860 (IPC) – Sections 302 and 307 – Arms Act, 1959 – Section 25 – Culpable homicide – Appellant aimed the gun towards the roof and then fired. It was an unfortunate case of mis­firing. HELD The appellant is, thus, guilty of an act, the likely consequences of which including causing fatal injuries to the persons being in a close circuit, are attributable to him. The offence committed by the appellant, thus, would amount to ‘culpable homicide’ within the meaning of Section 299,

  SUPREME COURT OF INDIA FULL BENCH BHAGWAN SINGH — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya Kant., JJ. )…

Service Matters

Constitution of India, 1950 – Articles 14 and 311 – Misdemeanour and corruption in discharge of judicial functions were received during the probation period. HELD If the genesis of the order of termination of service lies in a specific act of misconduct, regardless of over all satisfactory performance of duties during the probation period, the Court will be well within its reach to unmask the hidden cause and hold that the simplicitor order of termination

  SUPREME COURT OF INDIA FULL BENCH RAJASTHAN HIGH COURT — Appellant Vs. VED PRIYA AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya Kant.,…

High Court ought to have kept in view that ‘Bail is rule and jail is exception’ – There is no gain saying that bail should not be granted or rejected in a mechanical manner as it concerns the liberty of a person . Penal Code, 1860 (IPC) – Sections 420, 177, 181, 193, 200, 120­B, 498­A, 323 and 506 – Bail application

  SUPREME COURT OF INDIA FULL BENCH JEETENDRA — Appellant Vs. STATE OF MADHYA PRADESH & ANR. — Respondent ( Before : S.A. Bobde, CJI., B.R. Gavai and Surya Kant.,…

Land Acquisition Act, 1984 – Sections 4, 6 and 11 – Deduction – Since the land was acquired for the construction of Hiwra Dam project, much of the development like in the case of a layout for housing colony is not required – 40% deduction made by the High Court appears to be on the higher side

SUPREME COURT OF INDIA DIVISION BENCH SAJAN — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Civil Appeal Nos.…

Public Interest Also Shall Be Demonstrated Before Writ Remedy Is Sought In Tender Matters: SC HELD “In addition to arbitrariness, illegality or discrimination under Article 14 or encroachment of freedom under Article 19(1)(g), public interest too is demonstrated before remedy is sought.”

Public Interest Also Shall Be Demonstrated Before Writ Remedy Is Sought In Tender Matters: SC [Read Judgment] LIVELAW NEWS NETWORK 18 March 2020 5:38 PM “In addition to arbitrariness, illegality…

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