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Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established. Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes. Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay. Multiple FIRs across States cannot be quashed or clubbed under Article 32 where they relate to distinct transactions, victims, and offences despite similar modus operandi. A. Cyber Fraud — Multiple FIRs across States — Clubbing declined — Clubbing/consolidation of FIRs registered in different States was declined where each FIR was lodged by a different complainant induced to part with money on separate occasions, with distinct victims, amounts and transactions, notwithstanding a common bank account and similar modus operandi; clubbing at a nascent investigation stage involving complex cyber-forensic tracing would impede fair investigation and cause hardship to complainants.
Service Matters

Appointment–Enquiry by State Vigilance Bureau–State’s disinclination to make an appointment till then cannot said to be faulted – Such a decision cannot said to be arbitrary or unreasonable. Cadre Strength–What would be the need of the State and how an administration shall be run is within the exclusive domain of the State–The power of judicial review in such matter is very limited. Appointment–Decision taken by the previous Government in public interest cannot be reviewed at the hands of successor Government. Cadre Strength–Increase in–Determination of cadre strength on the basis of the representation made by the Association or exercise of suo motu power by the Chief Minister without any material having been brought before him for the purpose of increase in the cadre strength must be deprecated in strongest terms .

  2008(1) Law Herald (SC) 38 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice  S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi  Civil Appeal No. 5803…

Circumstantial evidence–Whether a chain is complete or not would depend on the facts of each case emanating from the evidence and no universal yardstick should ever be attempted. Circumstantial evidence–In such case, motive plays an important role, but absence of motive would not dislodge entire prosecution case.

  2008(1) Law Herald (SC) 29 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Appeal (crl.) 1044 of…

Framing of charges–Even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence. Cruelty to wife–Not even a whisper of wilfull conduct of appellants of harassment of the complainant at their hands with a view to coercing her to meet any unlawful demand by then so as to attract Section 498-A IPC–Proceedings quashed.

2008(1) Law Herald (SC)  8 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1716 of 2007…

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