Latest Post

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.

Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.

  AIR 2004 SC 4298 : (2004) CriLJ 4185 : (2004) 7 JT 509 : (2004) 7 SCALE 282 : (2004) 7 SCC 792 : (2004) 3 SCR 894 Supp…

The case of the Appellants and the Writ Petitioners, in most of the cases, is based on the doctrine of promissory estoppel on the basis of a promise apparently made by the Respondents to the land owners that they would be granted dealerships in lieu of the lands offered by them for setting up of the retail outlets

  (2013) 8 AD 665 : (2013) 10 JT 304 : (2013) 8 SCALE 762 : (2014) 1 SCC 201 SUPREME COURT OF INDIA MOHD. JAMAL — Appellant Vs. UNION…

Criminal Procedure Code, 1973 (CrPC) – Section 378 – Appeal – Acquittal – Interference with possible reasonable view – Sole testimony of complainant alleged to have been beaten by the accused persons – The complainant reaching the place of occurrence by chance – Improbability of prosecution case – Order of acquittal, restored.

  AIR 1977 SC 1213 : (1977) 4 SCC 598(1) SUPREME COURT OF INDIA JIMMY HOMI BHARUCHA — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : S. Murtaza…

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section – 12(3)(a), 12(3)(b) – Possession of the suit premises – Predecessor in interest of the respondents instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants.

  (1995) 7 JT 400 : (1995) 5 SCALE 481 : (1995) 6 SCC 576 SUPREME COURT OF INDIA LAXMIKANT REVCHAND BHOJWANI AND ANOTHER — Appellant Vs. PRATAPSING MOHANSINGH PARDESHI…

Transfer of Property Act, 1882 – Section 76(c) – Mortgage – Redemption of – Mortgagee claiming himself to be in occupation of land as tenant – No consent of mortgagor for creation of tenancy by mortgagee – In terms of mortgage deed – Mortgagee neither managed property as a tenant nor inherited tenancy rights under Tenancy Act – Mortgagee cannot claim any tenancy right in respect of land.

  (2001) 1 JT 401 : (2000) 8 SCALE 463 : (2000) 5 SCR 756 Supp : (2001) AIRSCW 9 SUPREME COURT OF INDIA PURAN CHAND (D) THROUGH LRS. AND…

You missed