Latest Post

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars. A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs. Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction). The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering. In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Murder and Robbery—Accused threw deceased in the canal—No evidence that there has been any intention to cause death—Case falls under Section 304, Part II IPC. FIR—Delay in lodging of—Mere delay in lodging the first information report, cannot be held to be fatal to the prosecution case.

2007(4) LAW HERALD (SC) 2914 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 1107 of 2007…

Chief Minister and Minister—Appointment of—Whether respondents being members of Rajya Sabha are disqualified under Article 164(4) and 164(1) of Constitution ? NO. Chief Minister and Minister—Appointment of—Person can be appointed, to continue in office without getting himself elected within a period of six consecutive months.

  2007(4) LAW HERALD (SC) 2908 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Civil Writ Petition No. 296…

Workman—Definition of—Nomenclature is not of any consequence. Whether a particular employee comes within the definition of workman has to be decided factually. Labour Law—Industrial Relation Executive—Plea that appellant was not doing managerial or administrate work, not accepted.

2007(4) LAW HERALD (SC) 2890 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 6543-6544 of…