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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.

Constitution of India, 1950 – Articles 14, 19 (1) (a), 19 (1) (c) and 21 – Organisation of political nature – Any organisation which habitually engages itself in or employs common methods of political action like ‘bandh’ or ‘hartal’ ,’rasta roko’, ‘rail roko’ or ‘jail bharo’ in support of public causes can also be declared as an organisation of political nature, according to the guideline prescribed in Rule 3 (vi) – Foreign Contribution (Regulation) Act, 2010

SUPREME COURT OF INDIA DIVISION BENCH INDIAN SOCIAL ACTION FORUM (INSAF) — Appellant Vs. UNION OF INDIA — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. )…

Hindu Adoptions and Maintenance Act, 1956 – Sections 7 and 11 – Adoption – Two important conditions as mentioned in Sections 7 and 11 of the Act of 1956 are the consent of the wife before a male Hindu adopts a child and proof of the ceremony of actual giving and taking in adoption – HELD Appellant was not adopted by the Respondent and her husband – Appellant had failed to prove that she has been adopted by the Respondent and her husband. – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH M. VANAJA — Appellant Vs. M. SARLA DEVI (DEAD) — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal…

Income Tax Act, 1961 – Rule 16(2) – Attachment (DRT) – If an attachment has been made under Schedule II to the Act, any private transfer or delivery of the property shall be void as against all claims enforceable under the attachment HELD Rule 16(1) also stipulates that no civil court can issue any process against such property in execution of a decree for the payment of money. However, the property can be transferred with the permission of the Tax Recovery Officer.

SUPREME COURT OF INDIA DIVISION BENCH M/S. CONNECTWELL INDUSTRIES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA THROUGH MINISTRY OF FINANCE AND OTHERS — Respondent ( Before : L. Nageswara…

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC HELD “If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is cause to believe otherwise. “

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC [Read Judgment] Ashok Kini 4 March 2020 9:22 PM “If the driver produces a licence…

Constitution of India, 1950 – Articles 370 and 370(2) – Abrogation of Article 370 – Refering the issue of scrapping Article 370 in Jammu and Kashmir to a larger bench – There is no conflict between the judgments in the Prem Nath Kaul v. State of Jammu and Kashmir, AIR 1959 SC 749 and the Sampat Prakash v. State of Jammu and Kashmir, AIR 1970 SC 1118 – Plea of the counsel to refer the present matter to a larger Bench is rejected.

SUPREME COURT OF INDIA CONSTITUTION BENCH DR. SHAH FAESAL AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : N.V. Ramana, Sanjay Kishan Kaul, R.…

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