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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.
Service Matters

Bharat Petroleum Limited Conduct, Discipline and Appeal Rules for Management Staff, 1976 – Rules 3(e), 3(g) and 3(h) – Punishment of dismissal – Corporation is aggrieved to the extent the impugned order sets aside the order of punishment on the ground that the chargesheet had not been issued by the disciplinary authority. The employee is aggrieved by the grant of liberty to the Corporation for issuance of fresh chargesheet, and denial of back wages while granting reinstatement. In the interregnum, the employee has attained the age of superannuation HELD The term Competent Authority will include a disciplinary authority so authorised in the manner prescribed in 3(h) under the delegation of authority manual. Appeal Allowed

SUPREME COURT OF INDIA DIVISION BENCH BHARAT PETROLEUM CORPORATION LIMITED AND OTHERS — Appellant Vs. ANIL PADEGAONKAR — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ ) Civil…

Consumer Protection Act, 1986 – Sections 2(d) and 2(1)(d) – Registered workers – Beneficiaries of service – Whether a construction worker who is registered under the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 and is a beneficiary of the Scheme made under the Rules framed pursuant to the enactment, is a ‘consumer’ HELD YES a ‘consumer’ includes not only   a person who has hired or availed of service but even a beneficiary of a service. The registered workers are clearly beneficiaries of the service provided by the Board in a statutory capacity –

SUPREME COURT OF INDIA DIVISION BENCH THE JOINT LABOUR COMMISSIONER AND REGISTERING OFFICER AND ANOTHER — Appellant Vs. KESAR LAL — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

A plea of adverse possession is founded on the acceptance that ownership of the property vests in another against whom the claimant asserts a possession adverse to the title of the other. Possession is adverse in the sense that it is contrary to the acknowledged title in the other person against whom it is claimed. HELD To substantiate a plea of adverse possession, the character of the possession must be adequate in continuity and in the public because the possession has to be to the knowledge of the true owner in order for it to be adverse.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 190 OF 2020 (ARISING OUT OF SLP (CIVIL) NO. 16321 OF 2011) SHRI UTTAM CHAND (D) THROUGH…

Unreasoned Decisions Delivered On Technical Grounds Without Entering Into Merits Are Not Binding Precedents: SC HELD “It can never be in a summary manner, much less be rendered in a decision delivered on technical grounds, without entering into the merits at all. “dismissal of a case by it on the ground of delay in filing/non-filing is not a binding precedent.

Unreasoned Decisions Delivered On Technical Grounds Without Entering Into Merits Are Not Binding Precedents: SC [Read Judgment] LIVELAW NEWS NETWORK 12 March 2020 10:31 AM “It can never be in…

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