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Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16) Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11) Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9) Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6) Hindu Marriage Act, 1955 — Sections 13(1)(i-a) and 13(1)(i-b) — Divorce — Desertion and Cruelty — Irretrievable Breakdown of Marriage — Where parties have been living separately for a long period (24 years in this case) without any prospect of reconciliation, this long period of separation amounts to mental cruelty to both parties, justifying dissolution of marriage — The marriage is deemed to have broken down irretrievably — Fact that spouses hold strongly views and refuse to accommodate each other also constitutes cruelty. (Paras 20, 21, 23, 24, 25, 26, 33, 34)
Accident

Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

Dec 18, 2025 sclaw
Compassionate Appointment

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 17, 2025 sclaw
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)
Accident
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)
Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)
Compassionate Appointment
Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)
Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)
Accident
Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)
Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)
Accident
Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)
Constitution

Pre-Conception and Pre Natal Diagnostic Techniques (Prohibitions of Sex Selections Act, 1994, S.28–Cognizance of Offence—Inspection of Ultra Sound clinic—Inspection carried by Executive Magistrate/ Tehsildar being nominee of District Magistrate is legal and valid for the purpose of the Act 

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1793 : 2019 LawHerald.Org 1218 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon ble Mr. Justice A.S. Bopanna Criminal Appeal No(S).…

Cr P C

Bail—Re-Arrest—Addition of Offences—In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it need to obtain an order to arrest the accused from the Court which had granted the bail

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1765 : 2019 LawHerald.Org 1217 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal Nos. 816-817…

I P C

Abetment of Suicide—Eve Teasing—Tarnishing of self respect of victim–If the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1745 : 2019 LawHerald.Org 1216 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

I P C

The Supreme Court today held that when the case of the prosecution is on the basis that the role of accused is that of conspirators but there is a failure to prove the charge of conspiracy, the appellants could not be convicted for the offence under Section 302 IPC. Such conviction will have caused not only prejudice but also a failure of justice.

Aug 22, 2019 sclaw

Is omission to frame charge for offence under Section 302 IPC a curable irregularity? SC answers Murali Krishnan August 22 2019 The Supreme Court today held that when the case of the prosecution is on…

I P C

“Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a “misconception of fact” that vitiates the woman’s “consent”, U/ s 375 IPC. On the other hand, a breach of a promise cannot be said to be a false promise.

Aug 22, 2019 sclaw

When would sexual relations induced on a broken promise of marriage amount to Rape?  To establish a false promise, the maker of the promise should have had no intention of upholding his word at the…

Cheque Dishonour

“The oral and the documentary evidence adduced by the complainant are sufficient to prove that it was a legally enforceable debt and that the cheques were issued to discharge the legally enforceable debt. With the evidence adduced by the complainant, the courts below ought to have raised the presumption under Section 139 of the Act

Aug 21, 2019 sclaw

The Supreme Court on Wednesday made pertinent observations regarding the burden of proof that falls upon opposing parties in a cheque bouncing dispute under the Negotiable Instruments Act, 1881. A Bench…

Property Matters

Transfer of Property Act, 1882 – Section 52 – It is settled legal position that the effect of Section 52 is not to render transfers effected during the pendency of a suit by a party to the suit void; but only to render such transfers subservient to the rights of the parties to such suit, as may be, eventually, determined in the suit.

Aug 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHUKAR NIVRUTTI JAGTAP AND OTHERS — Appellant Vs. SMT. PRAMILABAI CHANDULAL PARANDEKAR AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh…

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Accident

Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

Dec 18, 2025 sclaw
Compassionate Appointment

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)

Dec 17, 2025 sclaw