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Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application. Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [ Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse. Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State. Service Law — Compassionate appointment — Nature — Not a vested right — Compassionate appointment is not a condition of service; it is a humane response to sudden financial destitution caused by death-in-harness of the breadwinner — Claim is subject to fulfilment of all eligibility requirements under the applicable rules — However, the same principle that binds the claimant equally binds the State: refusal or deferment of a claim must be grounded in a provision actually applicable to the form of relief claimed, tested on the anvil of Art. 14.
C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw
Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.
C P C
Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.
Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [
Accident
Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.
POCSO
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.
Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State.
Service
Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State.
Service Matters
Service

IMP::: In view of the decision of this Court in Sukhdev Singh Vs. Union of India & Ors. reported in (2013) 9 SCC 566, there cannot be any dispute on this aspect. This Court has settled the law that uncommunicated and adverse ACRs cannot be relied upon in the process. The competent authority is directed to ignore the uncommunicated adverse ACRs and take a fresh decision in accordance with law.

Sep 2, 2018 sclaw

HEAD NOTE:::: Uncommunicated Adverse Annual Confidential Reports Can’t Be Relied Upon To Deny Promotion, Reiterates SC… In view of the decision of this Court in Sukhdev Singh Vs. Union of…

Limitation

 ‘One who holds possession on behalf of another, does not by mere denial of the other’s title, make his possession adverse so as to give himself the benefit of the statute of limitation.’… Can’t Acquire Adverse Possession By Simply Remaining In Permissive Possession For Howsoever Long It May Be: SC Exposits Law On Adverse Possession    

Sep 2, 2018 sclaw

 Can’t Acquire Adverse Possession By Simply Remaining In Permissive Possession For Howsoever Long It May Be: SC Exposits Law On Adverse Possession    ‘One who holds possession on behalf of another,…

Matrimonial

Section 15 of the Act provides that it shall be lawful for either party to marry again after dissolution of a marriage if there is no right of appeal against the decree. A second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed. If there is no right of appeal, the decree of divorce remains final and that either party to the marriage is free to marry again. In case an appeal is presented, any marriage before dismissal of the appeal shall not be lawful. The object of the provision is to provide protection to the person who has filed an appeal against the decree of dissolution of marriage and to ensure that the said appeal is not frustrated.

Sep 1, 2018 sclaw

HEAD NPOTE Section 15 of the Act provides that it shall be lawful for either party to marry again after dissolution of a marriage if there is no right of appeal…

Consumer

Consumer Protection Act, 1986, S.12–lnsurance–Medical Policy-Merely because it has been mentioned that insurance under the policy was subjects to conditions, clauses, warranties, exclusion, etc. attached, in the absence of attaching aforesaid conditions, exclusion, etc., it cannot be presumed that expenses incurred in treatment of disease were excluded from the coverage.

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 752 (NCDRC) : 2017 LawHerald.Org 809 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member K.S. Chaudhari Revision Petition No. 911 of…

Consumer

Consumer Protection Act, 1986, S. 12—Medical Negligence—Patient was brought with the complaints of acute abdominal pain i.e. acute appendicitis-Performing of surgery for appendictis was not a wrong occasion—No doubt, that the child was subsequently diagnosed with a cancerous tumour in the liver—The death was not due to appendicectomy operation but it was due to fatal malignant tumour-Doctor held to be not negligent

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 750 (NCDRC) : 2017 LawHerald.Org 808      IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member  Dr. S.M. Kantikar First Appeal…

Consumer

Held; complainant is a renowned export/buying house recognized by Ministry of Commerce involved in large scale business which is run with the assistance of number of employees- Therefore, by no stretch of imagination, it can be said that complainant has been running its business exclusively for the earning livelihood by way of self employment-Complaint dismissed.                                                          

Aug 26, 2018 sclaw

  2017(1) Law Herald (SC) 747 (NCDRC) : 2017 LawHerald.Org 807 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Ajit Bharihoke The Hon’ble Mr. Member…

C P C

Held, when the plaintiff could be shown the indulgence, the same equity should have been mated out to the appellant (defendant)-Since it was suit for recovery of money-The Court should have put the parties at least to terms and then disposed of the matter on merits-Ex parte Decree set side.                                                                           

Aug 26, 2018 sclaw

(2017) 100 ACrC 264 : (2017) 175 AIC 263 : (2017) 2 ICC 443 : (2017) 1 LAR 643 : (2017) 1 LawHerald(SC) 746 : (2017) 2 LJR 661 : (2017) 4 LW 283…

Consumer

Consumer Protection Act, 1986, S.12–Consumer–insurance–Acceptance of policy-­Policy was not issued by insurer-Therefore, there being no insurance contract in existence, the complainant cannot be termed as a consumer of the insurance company and he has no locus standi to file the consumer complaint.

Aug 26, 2018 sclaw

2017  (1 ) Law Herald (SC) 743 (NCDRC) : 2017 LawHerald.Org 806 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Ajit Bharihoke The Hon’ble Mr.…

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C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

Jun 16, 2026 sclaw
POCSO

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 24, 33(5), 36, 39 — Child-sensitive judicial processes — Mandatory safeguards for child victims — Courts must ensure child-friendly procedures, minimum intrusion, and psychological safety, avoiding re-traumatisation and secondary victimisation in all proceedings concerning children, especially those involving allegations of sexual abuse.

Jun 16, 2026 sclaw
Service

Disciplinary proceedings — Dismissal from service — Competence of authority — Employee appointed by Superintending Engineer, dismissed by Executive Engineer — Dismissal order held valid as Executive Engineer was competent under MSEDCL Service Regulations to punish an employee of Appellant’s pay grade — Article 311 of Constitution not applicable as Appellant did not hold a civil post under Union or State.

Jun 16, 2026 sclaw