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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.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S.24—Lapsing of Proceedings—Non-acceptance of compensation—Whether deposit of compensation amount with treasury is valid tender—Whether interest is payable on amount deposited in treasury—Whether non acceptance of compensation by land owners would result in lapse of proceedings—Matter referred to larger bench.

(2018) 1 AllWC 372 : (2018) 1 BCR 1 : (2017) DNJ 1120 : (2018) 1 KarLR 151 : (2017) 4 LawHerald(SC) 2954 : (2018) 1 RCR(Civil) 431 : (2017) 6 RecentApexJudgments(RAJ) 440 :…

Narcotics—Burden of Proof—Mere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception. Narcotics—Case Property—Mere fact of a FSL Report being available is no confirmation either of the seizure or that what was seized was contraband, in absence of the production of the seized item in Court as an exhibit.

(2018) 1 AllCrlRulings 14 : (2018) 2 JT 102 : (2018) 1 KerLJ 101 : (2017) 4 LawHerald(SC) 2947 : (2018) 1 RCR(Criminal) 108 : (2017) 6 RecentApexJudgments(RAJ) 339 : (2017) 14 Scale 90…

Custody of Child—Child removed from foreign country and brought to India by one of the parents—Other parent secured custody orders from foreign country—The court in the country in which child is removed was required to consider the question on merits—Decree of foreign courts for custody of child would not be binding.

(2018) 181 AIC 42 : (2018) 1 AllCrlRulings 16 : (2018) AllSCR(Crl) 133 : (2018) 1 BomCR(Cri) 1 : (2018) 1 DMC 42 : (2018) 1 ECrC 218 : (2018)…

Rights of Persons with Disabilities Act, 2016, S.32–Reservation in Educational Institutions-All Government institutions of higher education and other higher education institutions receiving aid from government are mandatorily required to keep at least 5% reservation for persons with disabilities

(2018) 1 AllWC 518 : (2017) 4 LawHerald(SC) 2905 : (2018) 1 OJR 305 : (2017) 14 Scale 496 : (2018) 1 SCT 269 SUPREME COURT OF INDIA DIVISION BENCH DISABLED RIGHTS GROUP —…

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