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Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established. Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes. Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay. Multiple FIRs across States cannot be quashed or clubbed under Article 32 where they relate to distinct transactions, victims, and offences despite similar modus operandi. A. Cyber Fraud — Multiple FIRs across States — Clubbing declined — Clubbing/consolidation of FIRs registered in different States was declined where each FIR was lodged by a different complainant induced to part with money on separate occasions, with distinct victims, amounts and transactions, notwithstanding a common bank account and similar modus operandi; clubbing at a nascent investigation stage involving complex cyber-forensic tracing would impede fair investigation and cause hardship to complainants.

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Complaint – Locus standi of complainant – A person can maintain a complaint provided he is either a “payee” or “holder in due course” of cheque – Appellant/complainant could not produce any document to show that he was proprietor of firm – Appellant did not make any attempt to adduce additional evidence at appellate stage also – Mere statement in affidavit in this regard, is not sufficient to meet requirement of law – Appellant failed to produce any documentary evidence to connect himself with the firm

(2011) 74 ACC 573 : (2011) ACD 458 : (2011) 104 AIC 202 : (2011) 2 AICLR 348 : (2011) AIR(SCW) 1773 : (2011) 3 AIRBomR 126 : (2011) 2…

Second Appeal—Reasoned Order—It is of no significance, whether the respondent has appeared at the time of final hearing of the appeal or not. – The High Court, in any case, has to proceed in accordance with the procedure prescribed under Section 100 while disposing of the appeal, whether in limine or at the final hearing stage.

2018(3) Law Herald (SC) 1766 :2018 LawHerald.Org 1108 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal Nos. 9118-9119…

Murder—Unsoundness of mind—Duty of Police—In view of the previous history of insanity of the appellant, at the time of offence, it was the duty of police to subject the accused to a medical examination immediately and place the evidence before the court and if this is not done, it creates a serious infirmity in the prosecution case

2018(3) Law Herald (SC) 1749 :2018 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.814 of 2017…

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