Digest Of Supreme Court Cases

Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability:

Principles to be adopted by Tribunals/Courts for determination of compensation in cases of permanent disability due to motor accident, extensively surveyed and summarized. THE PECUNIARY EXPENSES  Loss of earning for 6 months Medical Expenses Future Medical Expenses Attendant Charges Litigation Expenses Loss of Conveyance NON-PECUNIARY EXPENSES  Pain and Suffering Marriage Prospects Loss of Amenities Judgments […]

Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability: Read More »

Maharashtra Control of Organised Crime Act, 1999 (30 of 1999) — S. 23 r/w Ss. 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(ii), 3(2), 3(4) and 18

Sanction or prior approval for prosecution under MCOCA: This sanction order dated 05.11.2020 is the bone of contention in the present matter. Held, this Court has repeatedly said that when an accused is absconding and is declared as proclaimed offender, there is no question of giving him the benefit of Section 438 CrPC. What has been observed

Maharashtra Control of Organised Crime Act, 1999 (30 of 1999) — S. 23 r/w Ss. 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(ii), 3(2), 3(4) and 18 Read More »

Penal Code, 1860 — Ss. 86 and 302 — Entitlement to Defence of being under the influence of liquor under Patricide (killing of father)

Mere intoxication, held, not enough to attract S. 86. Son Murdered Father- a case of patricide albeit both the father and the son were drinking together. The effect of alcohol may have resulted in a quarrel inter se the father and the son. In this altercation, the appellant picked up a Nagar Wood and inflicted few injuries to his father,

Penal Code, 1860 — Ss. 86 and 302 — Entitlement to Defence of being under the influence of liquor under Patricide (killing of father) Read More »

Criminal Procedure Code, 1973 — Ss. 211, 212, 213 and Ill. (e) thereto, 215, 313 and 464

Principles clarified regarding effect of omission to frame proper charge and to put relevant circumstances to accused during their examination under S. 313 (in a murder case) and applicability of Ill. (e) of S. 213 CrPC. Held, As can be seen from the oral evidence, the post-mortem reports and examination of the doctor, Harpal Singh

Criminal Procedure Code, 1973 — Ss. 211, 212, 213 and Ill. (e) thereto, 215, 313 and 464 Read More »

Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract

Scope of judicial review of State action in a matter arising from non-statutory contract on ground of arbitrariness, explained. Held, We would, therefore, sum up as to when an act is to be treated as arbitrary. The court must carefully attend to the facts and the circumstances of the case. It should find out whether

Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract Read More »

Constitution of India — Art. 279-A: Directions issued regarding implementation of system for digital generation of Document Identification Number (DIN) for all communications sent by State Tax Officers to taxpayers

Para 11-  In view of the implementation of the GST and as per Article 279A of the Constitution of India, the GST Council is empowered to make recommendations to the States on any matter relating to GST. The GST Council can also issue advisories to the respective States for implementation of the DIN system, which shall be

Constitution of India — Art. 279-A: Directions issued regarding implementation of system for digital generation of Document Identification Number (DIN) for all communications sent by State Tax Officers to taxpayers Read More »

Constitution of India — Art. 141 — Principles for determining if/which precedent is binding

Para 17– Though the decision of this Court in the case of Bijnor Urban Cooperative Bank Limited (supra) was specifically pressed in service on behalf of the Bank and was pointed out to the High Court, the High Court instead following the binding decision of this Court in the case of Bijnor Urban Cooperative Bank

Constitution of India — Art. 141 — Principles for determining if/which precedent is binding Read More »

Constitution of India — Art. 14 — Right to equality — Requirement of Reasonable accommodation of disabled or differently-abled persons

There are two facets of right to equality: Formal equality and substantive equality. Formal equality means that every person, irrespective of attributes must be treated equally and must not be discriminated, while substantive equality is aimed at producing equality of outcomes through different modes of affirmative action. Reasonable accommodation, held, one of the means for

Constitution of India — Art. 14 — Right to equality — Requirement of Reasonable accommodation of disabled or differently-abled persons Read More »

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