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Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems. Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation. Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India. Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial. 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.

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitration proceedings – Termination of contract – Once it is held that the termination was illegal and thereafter when the learned Arbitral Tribunal has considered the claims on merits, which basically were with respect to the unpaid amount in respect of the work executed under the contract and loss of profit. Cogent reasons have been given by the learned Arbitral Tribunal – Cogent award

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND AND OTHERS — Appellant Vs. M/S HSS INTEGRATED SDN AND ANOTHER — Respondent ( Before : Arun Mishra and M.…

Income Tax Act, 1961 – Section 143(1) and 143(2) – Service of notice – Mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient.

SUPREME COURT OF INDIA FULL BENCH PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI — Appellant Vs. M/S I-VEN INTERACTIVE LIMITED, MUMBAI — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee…

Civil Procedure Code, 1908 – Section 47 – Partnership Act, 1932 – Section 42(c) – Respondents were not parties to the partnership deed and that the partnership stands dissolved, in view of death of one of the partners, the respondents have not derived the benefit of assets of the partnership firm, the decree obtained by the predecessor of the appellants, is not executable against the respondents

SUPREME COURT OF INDIA DIVISION BENCH S.P. MISRA AND OTHERS — Appellant Vs. MOHD. LAIQUDDIN KHAN AND ANOTHER — Respondent ( Before : Indu Malhotra and R. Subhash Reddy, JJ.…

Service Matters

….it is observed that while deciding the appeals, this Court has made no observations with respect to the right of the IPS Officers for deputation, in terms of the recruitment rules, if any, as the same was not the controversy and/or issue before this Court and the decision of this Court shall be construed with respect to grant of Organised Group ‘A’ Central Services only.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SRI HARANANDA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and M.R. Shah, JJ.…

It is clear that even encumbered area shall be declared as a rehabilitation area provided the Slum Rehabilitation Authority requires the said area for implementation of the Scheme. Admittedly, the disputed area of 1045.50 sq. mts. implementation of the Scheme. The contention of the Appellant that the declaration of 1045.50 sq. mts. under Section 3C of the Act is in colourable exercise of power is not acceptable. – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH   KANTABAI VASANT AHIR AND OTHERS — Appellant Vs. SLUM REHABILITATION AUTHORITY AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

The High Court failed to notice that there is no prior adjudication in favour of the Respondent and the Respondent was given an opportunity to show cause as to why the premises should not be sealed. After considering the explanation submitted by the Respondent, the penalty was imposed on the Respondent and due to the failure of the payment of the amount of penalty, the premises were sealed.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. M/S RIGA SUGAR CO. LTD. — Respondent ( Before : L. Nageswara Rao and Hemant…

Revenue records – Title – name was recorded in the Survey Settlement of 1964 as a recorded tenant in the suit property, it would not make him the sole and exclusive owner of the suit property – since entries in the revenue records do not confer title to a property, nor do they have any presumptive value.

SUPREME COURT OF INDIA DIVISION BENCH PRAHLAD PRADHAN AND OTHERS — Appellant Vs. SONU KUMHAR AND OTHERS — Respondent ( Before : Indu Malhotra and Krishna Murari, JJ. ) Civil…

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