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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.

Death Penalty–What would constitute a rarest of rare case must be determined in the fact situation obtaining in each case. Confessional Statement–Only that part of confession is admissible which leads to recovery of articles/dead body–Mode and manner in which deceased was killed is inadmissible as it may influence mind of the Court.

2007(1) LAW HERALD (SC) 193 IN THE SUPREME COURT OF INDIA  Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal Nos. 867-868 of 2005…

Sanction for prosecution—Charges related to period when accused were Ministers and Chief-Minister—Cognizance of offence taken by Court when the accused ceased to be Ministers but were members of Legislative Assembly or M.P.—Sanction for prosecution under Section 19(1) of the Penal Code Act not required.

2007(1) LAW HERALD (SC) 142 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5636 of 2006…

Shared Household–Wife is only entitled to claim a right of residence, in a shared household and a ‘shared household’ would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member–The property belonging to her parents in laws cannot be called a shared household.

2007(1) LAW HERALD (SC) 93 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5837 of 2006…

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