Supreme Court of India Judgements

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The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount. Minor inconsistencies in witness testimony do not invalidate the entire testimony, the principle of falsus in uno, falsus in omnibus is not applicable in Indian law, a faulty investigation does not automatically lead to acquittal, and testimony of interested witnesses can be relied upon if it is credible Under the NDPS Act, while vehicles used in drug offenses can be confiscated, there is no explicit bar to their interim release, and courts can use Sections 451 and 457 of the Cr.P.C. to release vehicles on superdari, especially when the owner is not an accused and conditions are met Supreme Court held that a lease agreement and statutory provisions did not obligate the Municipal Corporation to convey land to a lessee after the lease expired, especially when there was a long delay in claiming the right Penal Code, 1860 (IPC) — Section 326 — Compromise Despite Non-Compoundability — Even though section 326 is a non-compoundable offense under the Criminal Procedure Code, the Court can still allow the compounding of such an offense when there is a genuine and voluntary settlement between the parties — This is an exception to the general rule and is invoked in special circumstances.
Accident

The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount.

Jan 11, 2025 sclaw
The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount.
Accident
The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount.
Minor inconsistencies in witness testimony do not invalidate the entire testimony, the principle of falsus in uno, falsus in omnibus is not applicable in Indian law, a faulty investigation does not automatically lead to acquittal, and testimony of interested witnesses can be relied upon if it is credible
I P C
Minor inconsistencies in witness testimony do not invalidate the entire testimony, the principle of falsus in uno, falsus in omnibus is not applicable in Indian law, a faulty investigation does not automatically lead to acquittal, and testimony of interested witnesses can be relied upon if it is credible
Under the NDPS Act, while vehicles used in drug offenses can be confiscated, there is no explicit bar to their interim release, and courts can use Sections 451 and 457 of the Cr.P.C. to release vehicles on superdari, especially when the owner is not an accused and conditions are met
Narcotics
Under the NDPS Act, while vehicles used in drug offenses can be confiscated, there is no explicit bar to their interim release, and courts can use Sections 451 and 457 of the Cr.P.C. to release vehicles on superdari, especially when the owner is not an accused and conditions are met
Supreme Court held that a lease agreement and statutory provisions did not obligate the Municipal Corporation to convey land to a lessee after the lease expired, especially when there was a long delay in claiming the right
Municipal Laws
Supreme Court held that a lease agreement and statutory provisions did not obligate the Municipal Corporation to convey land to a lessee after the lease expired, especially when there was a long delay in claiming the right
C P C

Civil Procedure Code, 1908, O.41 R.31— Appeal from original decree-­Speaking Order—Held; Judgment of the appellate court has to state the reasons for the decision—It is necessary to make it clear that the approach of the first appellate court while affirming the judgment of the trial Court and reversing the same is founded on different parameters

Mar 18, 2018 sclaw

(2017) 177 AIC 26 : (2017) AIR(SCW) 3591 : (2017) AIR(SC) 3591 : (2017) AllSCR 1828 : (2017) 124 ALR 585 : (2017) 3 ARC 8 : (2017) 3 CGLJ…

Cheque Dishonour

CHEQUE DISHONOUR — PERSONAL APPEARANCE OF ACCUSED “………..issue of hardship caused in personal attendance by an accused particularly where accused is located far away from the jurisdiction of the Court where the complaint is filed. HELD that even in absence of accused, evidence can be recorded in presence of counsel under Section 273 Cr.P.C. and Section 317 Cr.P.C. permitted trial to be held in absence of accused. Section 205 Cr.P.C. specifically enabled the Magistrate to dispense with the personal appearance. Having regard to the nature of offence under Section 138, this Court held that the Magistrates ought to consider exercise of the jurisdiction under Section 205 Cr.P.C. to relieve accused of the hardship without prejudice to the prosecution proceedings. “

Mar 14, 2018 sclaw

    CHEQUE DISHONOUR — PERSONAL APPEARANCE OF ACCUSED    “………..issue of hardship caused in personal attendance by an accused particularly where accused is located far away from the jurisdiction of…

Will & Succession

Succession—Once ancestral property is devolved by succession, the property thereafter ceases to be joint family property, and no right to partition a property which is no longer joint family property continues to subsist in any member of the coparcenary. Law as it applies to joint family property governed by the Mitakshara School prior to the amendment of 2005, summarized

Mar 12, 2018 sclaw

(2016) 160 AIC 1 : (2016) AIR(SCW) 1169 : (2016) 2 AIRJharR 118 : (2016) AIR(SC) 1169 : (2016) 3 ALLMR 451 : (2016) 2 AllWC 1474 : (2016) 115…

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Accident

The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount.

Jan 11, 2025 sclaw
I P C

Minor inconsistencies in witness testimony do not invalidate the entire testimony, the principle of falsus in uno, falsus in omnibus is not applicable in Indian law, a faulty investigation does not automatically lead to acquittal, and testimony of interested witnesses can be relied upon if it is credible

Jan 11, 2025 sclaw
Narcotics

Under the NDPS Act, while vehicles used in drug offenses can be confiscated, there is no explicit bar to their interim release, and courts can use Sections 451 and 457 of the Cr.P.C. to release vehicles on superdari, especially when the owner is not an accused and conditions are met

Jan 11, 2025 sclaw
Municipal Laws

Supreme Court held that a lease agreement and statutory provisions did not obligate the Municipal Corporation to convey land to a lessee after the lease expired, especially when there was a long delay in claiming the right

Jan 11, 2025 sclaw