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Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16. Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist. Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits. Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Insolvency and Bankruptcy Code, 2016 – Section 12(3) – Time limit for completion of Insolvency Resolution Process – Where the insolvency resolution process of a corporate debtor is pending and has not been completed within the period referred to in the second proviso, such resolution process shall be completed within a period of ninety days from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019

SUPREME COURT OF INDIA DIVISION BENCH JAIPRAKASH ASSOCIATES LTD AND ANOTHER — Appellant Vs. IDBI BANK LTD. — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

Criminal Procedure Code, 1973 (CrPC) – Section 164 – Recording of confessions and statements – Section 164 of the Code thus does not contemplate that a confession or statement should necessarily be made in the presence of the advocate(s), except, when such confessional statement is recorded with audio-video electronic means.

SUPREME COURT OF INDIA FULL BENCH MANOHARAN — Appellant Vs. STATE BY INSPECTOR OF POLICE, VARIETY HALL POLICE STATION, COIMBATORE — Respondent ( Before : Rohinton Fali Nariman, Surya Kant…

Penal Code, 1860 (IPC) – Sections 302, 306 and 498A – Evidence Act, 1872 – Section 106 – Criminal Procedure Code, 1973 (CrPC) – Sections 145, 161 and 313 – Murder of wife -Once the prosecution established a prima facie case, the appellant was obliged to furnish some explanation under Section 313, Cr.P.C. with regard to the circumstances under which the deceased met an unnatural death inside the house. His failure to offer any explanation whatsoever therefore leaves no doubt for the conclusion of his being the assailant of the deceased – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH KALU ALIAS LAXMINARAYAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal…

Arbitration and Conciliation Act, 1996 – Section 34 – Application for setting aside arbitral award – Learned Arbitrator and the Courts below have recorded the concurrent findings that the appellant Contractor has failed in carrying out the work as per the terms and conditions of the contract and the learned Arbitrator has rightly allowed the detention and forfeiture of the equipments of the contractor and disallowed the counter claim No.4 of the appellant.

SUPREME COURT OF INDIA FULL BENCH M/S VIJAY TRADING AND TRANSPORT COMPANY — Appellant Vs. CENTRAL WAREHOUSING CORPORATION — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishiksh Roy,…

Arbitration and Conciliation Act, 1996 – Sections 11, 12 and 29A – Appointment of arbitrator – In the case of dispute arising upon or in relation to or in connection with the Contract between HB and the Entity, which has not been settled amicably, any Party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996.

SUPREME COURT OF INDIA FULL BENCH M/S. SHAF BROADCAST PVT. LTD. — Appellant Vs. DOORDARSHAN – A CONSTITUENT OF PRASAR BHARTI AND ANOTHER — Respondent ( Before : Uday Umesh…

Marketing Discipline Guidelines, 2012 – Clauses 5.1.11, 8.2 and 8.3 – Termination of dealership – Adulteration of High Speed Diesel – In case of positive stock variation beyond permissible limits and on account of failure of sample, action in line with that of adulteration is to be initiated.

SUPREME COURT OF INDIA DIVISION BENCH INDIAN OIL CORPORATION LTD. AND OTHERS — Appellant Vs. M/S. R.M. SERVICE CENTRE AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Service Matters

Navy (Pension) Regulations, 1964 – Regulations 78, 105B, 107 and 107(1) – Quantification of disability pension – Individual – A person who has completed the period of engagement is entitled to disability element apart from service pension. The expression ‘service pension’ admissible is not restricted to the qualifying service provided under Regulation 78. It is not for the Courts to remedy the defect in the Statute.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. V.R. NANUKUTTAN NAIR — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Acquittal in offences under Section 147, 148, 149 and 302 of the Indian Penal Code, 1860- HELD In a criminal trial, the prosecution can succeed only if the guilt of the accused is brought home. That the accused may have done the crime barely suffices. The case of the prosecution as sought to be made out must be established.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND — Appellant Vs. DARSHAN SINGH — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal No.…

Service Matters

Central Civil Services (Pension) Rules, 1972 – Rule 88 – Grant of pension – The services rendered by the respondents as GDS or other Extra­Departmental Agents cannot be factored in for computing their qualifying services in regular posts under the postal department on the question of grant of pension.

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. GANDIBA BEHERA — Respondent ( Before : Ranjan Gogoi, CJI, Deepak Gupta and Aniruddha Bose, JJ.…

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