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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

Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

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.

Feb 16, 2025 sclaw

Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

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.

Feb 16, 2025 sclaw

Stamp Act State Laws

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).

Feb 16, 2025 sclaw

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.

Feb 9, 2025 sclaw

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

Feb 9, 2025 sclaw

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Consumer Limitation

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.

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).

Stamp Act State Laws

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.

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.

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Consumer Limitation

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.

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).

Stamp Act State Laws

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.

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.

Motor Vehicles Act, 1988 – Section 170(b) – Penal Code, 1860 (IPC) – Section 279, 302 – Award of compensation

May 14, 2017 sclaw

(2013) ACJ 2544 : (2014) 2 AD 266 : (2014) 117 CLT 256 : (2013) 4 RCR(Civil) 871 : (2013) 11 SCALE 112 : (2013) 10 SCC 695 SUPREME…

Penal Code, 1860 (IPC) – Section 324 – Sentence – Reduction to period already undergone – Father and son convicted under Sections 326 and 324, IPC respectively – However, sentence imposed on both accused was imprisonment of 11/2 years – Not proper

May 14, 2017 sclaw

AIR 2000 SC 3510 : (2000) CriLJ 3503 : (2000) 5 JT 169 : (2000) AIRSCW 2642 SUPREME COURT OF INDIA KUPPAN AND OTHERS — Appellant Vs. STATE OF…

Advocates Act, 1961 – Section 35 – Professional Misconduct – Retention of file on account of non-payment of fee by client – Dispute regarding – Payment of fee

May 14, 2017 sclaw

AIR 2004 SC 311 : (2004) 120 CompCas 284 : (2003) 4 CTC 799 : (2004) 102 FLR 99 : (2004) 136 PLR 650 : (2003) 9 SCALE 531…

Customs & Excise

Interpretation of Statutes – Fiscal statute – Liberal interpretation – The principle cannot be carried to the extent of going violence to the plain and simple language of the taxing Statute. The principle, however, cannot be carried to the extent of doing violence to the plain and simple language used in the enactment.

May 13, 2017 sclaw

AIR 1993 SC 2529 : (1994) 45 ECC 1 : (1993) 204 ITR 412 : (1993) 5 JT 346 : (1993) 3 SCALE 726 : (1994) 1 SCC 280…

Service Matters

Constitution Service

Constitution of India, 1950 – Article 16 – Confidential report – Adverse remarks in confidential report on basis of vigilance enquiry – Malice cannot be attributed to the officer writing the confidential report.

May 13, 2017 sclaw

AIR 1997 SC 3671 : (1997) 4 JT 1 : (1997) 2 LLJ 1 : (1997) 3 SCALE 80 : (1997) 4 SCC 7 : (1997) SCC(L&S) 903 : (1997)…

Service Matters

The Court does not sit in appeal over the findings of the enquiry officer. If the finding are based on uncontroverted material placed before the enquiry officer, it cannot be said that these findings are perverse – The High Court seems to have reached the conclusions without examining the file relating to the enquiry.

May 13, 2017 sclaw

(1999) 6 JT 6 : (1999) 2 LLJ 175 : (1999) 3 SCC 372 : (1999) SCC(L&S) 686 SUPREME COURT OF INDIA U.P. STATE ROAD TPT. CORPN. AND OTHERS…

Wakf Act, 1995 – Sections 6 and 7 – Civil Procedure Code, 1908 – Order 7, Rule 10 – Return of plaint – Wakf property – Ouster of jurisdiction of Civil Court

May 13, 2017 sclaw

(2013) 10 AD 115 : AIR 2014 SC 758 : (2014) 117 CLT 408 : (2013) 4 RCR(Civil) 758 : (2013) 11 SCALE 210 SUPREME COURT OF INDIA BHANWAR LAL…

Service Matters

He was denied complimentary railway passes on retirement on the ground that his service with the Railway was of less than 20’years – Not a fit case where relaxation of rules can be done even if the Board has power to Service Rulings do so.

May 13, 2017 sclaw

AIR 1998 SC 539 : (1997) 9 JT 287 : (1997) 7 SCALE 142 : (1998) 2 SCC 208 : (1998) SCC(L&S) 522 : (1997) 5 SCR 433 Supp…

There is some cogent material on the basis of which satisfaction can be arrived at about the participation in the agitation, the Government may relax the other requirements. However, it would be for the State Government to exercise such a discretion, in a given case, if it is otherwise fully satisfied that the material produced demonstrate that the applicant is a freedom fighter – Court set aside the orders of the High Court – Appeal allowed. Counsel for Appearing Parties

May 13, 2017 sclaw

(2013) 4 LLN 34 : (2013) 11 SCALE 535 : (2013) 14 SCC 225 : (2013) 4 SCT 708 SUPREME COURT OF INDIA STATE OF MAHARASHTRA AND OTHERS —…

Service Matters

Court cannot sit over the assessment made by the D.P.C. as an appellate authority.

May 13, 2017 sclaw

(1996) 1 AD 981 : AIR 1996 SC 3352 : (1996) 1 JT 699 : (1996) 1 SCALE 656 : (1996) 2 SCC 488 : (1996) 1 SCR 491…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

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.

Feb 16, 2025 sclaw

Stamp Act State Laws

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).

Feb 16, 2025 sclaw

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.

Feb 9, 2025 sclaw