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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

Hindu Adoptions And Maintenance Act, 1956 – Section 23 – Interim maintenance – Appeal against the order – Normally no appeal against order fixing interim maintenance be entertained – But, grant of Rs. 700/- per month by High Court, extremely on lower side – Considering the financial position of husband, Rs. 1,500/- per month granted as interim maintenance

  (2004) 3 CTC 399 : (2004) 1 DMC 652 : (2004) 4 SCALE 822 : (2004) 9 SCC 617 : (2004) AIRSCW 3042 : (2004) 3 Supreme 422 SUPREME…

After hearing the learned Counsel for the parties and perusing the impugned order, court find that the Division Bench has committed gross error in overlooking the contents of the order of the learned Single Judge in which the finding has been recorded that the employer has committed contempt by not paying full dues of the workmen under the award

  (2005) 7 SCC 40 SUPREME COURT OF INDIA MODI TELEFIBRES LTD. AND OTHERS — Appellant Vs. SUJIT KUMAR CHOUDHARY AND OTHERS — Respondent ( Before : D.M. Dharmadhikari, J;…

Constitution of India, 1950 – Article – 142 – Bihar Agricultural Produce Markets Act, 1960 – Section – 4-B – Liability to pay market fee – Whether the sugar factories engaged in purchasing sugarcane and selling sugar and sugar molasses are liable to pay market fee under the provisions of the Bihar Agricultural Produce Markets Act, 1960

  (2006) 1 SCC 509 SUPREME COURT OF INDIA HARINAGAR SUGAR MILLS LTD. AND ANOTHER — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhan,…

Whether an application under Section 416 of the Act could at all be maintained by a person in whose favour there was only an agreement for sale and who had not acquired the title – Writ petition filed in the High Court was not confined to raising dispute between private parties. There was essentially an element of public interest involved as serious questions alleging violations of building laws and the town planning were raised – Appeal allowed.

  (2005) 12 SCC 317 SUPREME COURT OF INDIA DEBASHIS ROY AND ANOTHER — Appellant Vs. CALCUTTA MUNICIPAL CORPORATION AND OTHERS — Respondent ( Before : R.C. Lahoti, C.J.; H.K.…

Service Matters

The Court ordered District Court, Chandigarh to record finding – Held, accepting the findings of District Judge in light of evidence produced before him about respondent having relied on false and fabricated documents that suit was barred by limitation – Finding about respondent having continued to be Markfed employee and only on deputation with the Sugarfed cannot be sustained – Suit filed by respondent before Trial Court rightly dismissed – Judgments of High Court and Addl. District Judge set aside – Appeal allowed.

AIR 1997 SC 2001 : (1997) 4 JT 597 : (1997) 3 SCALE 515 : (1997) 4 SCC 756 : (1997) 3 SCR 747 : (1997) AIRSCW 1787 : (1997)…

Evidence Act, 1872 — Section 32 — Two dying Declarations, one oral and one written, with several discrepancies cannot convict the accused — Oral dying declaration allegedly made by deceased before her father, uncle and grand — mother, in which names of accused mentioned. However second dying declaration recorded by Magistrate five days later stated that the victim could not recognize any accused because of fire

AIR 1999 SC 3062 : (1999) CriLJ 4070 : (1999) 2 DMC 439 : (1999) 6 JT 41 : (1999) 5 SCALE 31 : (2000) 1 SCC 310 : (1999)…