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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.

Motor Vehicles Act, 1988 – Section 168 – Compensation – Suffered serious injuries resulting in damage to brain -Normally interest should be granted from the date of filing of the petition and if in appeal enhancement is made the interest should again be from the date of filing of the petition.

SUPREME COURT OF INDIA DIVISION BENCH KAJAL — Appellant Vs. JAGDISH CHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal No.…

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC HELD “A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but subsection(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding.

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC [Read Judgment] LIVELAW NEWS NETWORK 5 Feb 2020 6:41 PM The…

DEFAULT BAIL – HELD The provisions of the Code do not empower anyone to extend the period within which the investigation must be completed nor does it admit of any such eventuality. On the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency

  1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1218 OF 2018 @ SPECIAL LEAVE PETITION (CRIMINAL) NO.6453 OF 2018 Achpal @ Ramswaroop &…

Service Matters

Indian Railway Establishment Manual – Clause 129 – Modified Assured Career Progression Scheme – Appointment – Entitlement to Financial upgradation-Tribunal would independently apply their mind to the facts and the legal position after calling upon the appellant, that is, the Southern Railway, Trivandrum and the respondents, that is, the original applicants before the Tribunal to file additional affidavits, if required and necessary

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. ROSAMMA BENNY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ.…

Criminal Procedure Code, 1973 (CrPC) – Section 427 – Penal Code, 1860 (IPC) – Sections 34, 392, 394 and 397 – Robbery – Sentence on offender already sentenced for another offence – Appellant is involved in sixteen criminal cases HELD Considering the report of the Probation Officer, illness of the mother of the appellant, his family background, facts and circumstances of the case and in the interest of justice, this is a fit case for exercising discretion in directing the sentence of imprisonment to run concurrently.

SUPREME COURT OF INDIA DIVISION BENCH VICKY @ VIKAS — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. )…

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