(1) SUPREME COURT
Compensation
A. Motor Vehicles Act, 1988—Section 166—Assessment of Compensation—Functional Disability—Loss of Future Earning Capacity—Held: In determining compensation for permanent disability, the Court must assess the functional disability affecting the claimant's earning capacity and not merely rely upon the percentage of permanent physical disability certified by the medical expert—Where the claimant, a skilled carpenter, suffered above-knee amputation of his right leg, rendering him incapable of performing carpentry work which necessarily required sitting and manual dexterity, his functional disability was rightly assessed at 100% notwithstanding the medical assessment of 70% permanent physical disability—Compensation towards loss of future earning capacity was accordingly recalculated by adopting the...
(2) SUPREME COURT
Compensation
A. Motor Vehicles Act, 1988—Section 166—Permanent Disability—Functional Disability—Held: While assessing compensation for permanent disability, the determinative factor is the functional disability affecting the earning capacity of the injured and not merely the percentage of physical disability certified by the medical expert—Where the claimant, a mason, suffered above-knee amputation of his right leg, rendering him incapable of performing manual labour, his functional disability was rightly assessed at 100%, notwithstanding the medical assessment of 70% permanent physical disability, and compensation towards loss of future earning capacity was recalculated accordingly. (Paras 21–26). B. Motor Vehicles Act, 1988—Section 166—Assessment of Compensation—Future Prospects and Future Med...
(3) SUPREME COURT
Interim Bail
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483 (Corresponding to Section 439 Cr.P.C.)—Grant of Bail—Interim Protection—Held: Where the High Court set aside the order granting bail and the petitioner demonstrated parity with a co-accused who had already been granted interim protection by the Supreme Court, the Court directed that, in the event of arrest, the petitioner be released on bail on such just, fair and reasonable terms as may be imposed by the Investigating/Arresting Officer—The matter was ordered to be tagged with the connected Special Leave Petition for consideration. (Paras 3–8). B. Bharatiya Nyaya Sanhita, 2023—Sections 61(2), 105, 238 and 318(2) read with Transplantation of Human Organs and Tissues Act, 1994—Sections 18, 19 and 21—Conditions of Interim Bail&mda...
(4) SUPREME COURT
Forgery
A. Indian Penal Code, 1860—Sections 420, 467, 468 and 471—Forgery and Use of Forged Documents—Sentencing—Principle of Proportionality—Held: While offences involving forgery and use of forged documents in judicial proceedings are serious and undermine the sanctity of the administration of justice, the sentence imposed must be proportionate to the nature of the offence and the attendant circumstances—Where the occurrence was more than a decade old, the appellant had no criminal antecedents, the forged document was detected at the threshold without causing irreversible pecuniary or proprietary loss, and the appellant had already undergone over two years of incarceration, the substantive sentence of five years' rigorous imprisonment was reduced to the period already undergone, while maintaining the conv...
(5) SUPREME COURT
Permanent Disability
A. Motor Vehicles Act, 1988—Section 166—Permanent Disability—Functional Disability—Loss of Future Earning Capacity—Held: While determining compensation for permanent disability, the relevant consideration is the functional disability affecting the earning capacity of the injured and not merely the percentage of physical disability certified by the medical authority—Where the claimant, a mason, suffered amputation of his right leg above the knee, rendering him incapable of pursuing his only avocation involving manual labour, his functional disability was rightly assessed at 100%, notwithstanding the medical assessment of 70% permanent physical disability—Compensation towards loss of future earning capacity was accordingly recalculated by treating the functional disability as 100% with addition of f...
(6) SUPREME COURT
Amount of Compensation, Negligence
A. Motor Vehicles Act, 1988—Sections 166 and 173—Motor Accident Compensation—Negligence—Contributory Negligence—Held: A stationary vehicle left on a public road during the night without parking lights, reflectors, indicators or other warning signs constitutes a serious road hazard—Where the evidence of the injured eyewitness remained unshaken and neither the truck driver nor the owner entered the witness box to substantiate their defence, the Tribunal was justified in drawing an adverse inference and holding the truck driver solely negligent—The mere fact that the car collided with the truck from behind does not, by itself, establish contributory negligence in the absence of cogent evidence. (Paras 14–18). B. Motor Vehicles Act, 1988—Assessment of Compensation—Future Earning P...
(7) SUPREME COURT
Suit for specific performance
A. Specific Relief Act, 1963 (as it stood prior to 01.10.2018)—Section 16(c)—Specific Performance—Readiness and Willingness—Held: Continuous readiness and willingness to perform the contract is a mandatory pre-condition for grant of specific performance—'Readiness' relates to the plaintiff's financial capacity, while 'willingness' is reflected from his conduct throughout the transaction—Production of Fixed Deposit Receipts created several years after institution of the suit does not establish financial readiness at the relevant time—Failure to demonstrate availability of balance sale consideration and to actively cooperate in obtaining statutory permission under the Urban Land (Ceiling and Regulation) Act, 1976 disentitles the plaintiff to the equitable relief of specific perfo...
(8) SUPREME COURT
Registered sale deed
A. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Sections 154, 163, 166 and 167—Transfer of Agricultural Land—Void and Voidable Transfer—Held: A transfer made by a bhumidhar in contravention of Section 154, as it stood prior to the amendment of 03.06.1981, was not void ab initio but merely voidable at the instance of the Gaon Sabha under Section 163—Such transfer remained valid unless appropriate proceedings for ejectment were instituted within the prescribed limitation—The subsequent omission of Section 163 and enlargement of the scope of Sections 166 and 167 by U.P. Act No. 20 of 1982, declaring such transfers void and providing for vesting in the State, operate prospectively and cannot retrospectively invalidate a sale deed executed prior to the amendment—Accordingly, the sale de...
(9) SUPREME COURT
Writ petition
A. Constitution of India, 1950—Article 32—Writ Petition—Petitioner chose not to press the writ petition before the Supreme Court—Held, petitioner was granted liberty to approach the competent authority of the High Court on the administrative side or avail appropriate judicial remedies in accordance with law—Writ petition disposed of with liberty reserved. ...
(10) SUPREME COURT
Compensation
A. Land Acquisition Act, 1894—Section 18—Compensation for Unauthorized Acquisition of Land—Interest—Held: Where the State takes possession of private land for a public purpose without following due process of law or paying compensation, the landowner is entitled to just compensation together with interest—The High Court rightly awarded interest on the compensation from the date of institution of the eviction suit at the rate of 9% per annum for the first year and 15% per annum thereafter until actual payment, as the respondents were wrongfully deprived of both possession and the use of their property. (Paras 1–6). B. Land Acquisition Act, 1894—Section 18—Determination of Compensation—Concurrent Findings—Frivolous Litigation by State—Held: The Reference Court was justifie...
(1) DELHI
A. Trade Marks Act, 1999—Sections 18, 28, 29—Registered trademark—Right to sue for infringement despite non-use—Registration under Section 18 confers upon the registered proprietor the exclusive right under Section 28 to use the trademark and maintain an infringement action irrespective of actual commercial use—Mere non-use of the registered mark does not divest the proprietor of the statutory right to seek protection against infringement—A pending rectification petition does not dilute the validity or enforceability of the registration unless allowed in accordance with law—Questions relating to extent or timing of sales are not determinative at the interim injunction stage for a registered proprietor. [Paras 10–13, 15] B. Trade Marks Act, 1999—Sections 29(1), 29(2), 29(4)—All...
(2) DELHI
A. Patents Act, 1970—Section 3(p)—Biological Diversity Act, 2002—Sections 6, 19—Biological Diversity Rules, 2024—Rule 16—Approval by National Biodiversity Authority (NBA)—No nexus with patentability—The Biological Diversity Act, 2002 is enacted to conserve biological diversity, ensure sustainable use of biological resources, and secure fair and equitable sharing of benefits arising from their commercial utilisation—The National Biodiversity Authority (NBA) is empowered only to regulate access to biological resources and benefit-sharing under the BDA—Neither the BDA nor the Biological Diversity Rules, 2024 confer upon the NBA any jurisdiction to examine or determine the patentability of an invention—Approval granted by the NBA under Sections 6 or 19 of the BDA constitutes on...
(3) DELHI
Child custody
A. Hindu Marriage Act, 1955—Section 26—Family Courts Act, 1984—Section 19—Child custody—Interim custody during children's stay abroad—Source of travel expenditure—The source from which a parent proposes to meet the expenses of a vacation is not a relevant consideration while deciding an application for interim custody of minor children—A parent's inability or unwillingness to independently bear the travel expenses does not disentitle that parent from obtaining interim custody during the children's stay abroad—Where the children are already travelling to a foreign country at the expense of one spouse's parents, the other parent cannot be denied interim custody solely because he did not finance the children's travel. [Paras 24, 26, 28] B. Hindu Marriage Act, 1955&m...
(4) DELHI
A. Constitution of India, 1950—Article 226—Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971—Section 20(3)—Electricity Act, 2003—Sections 14, 61, 62, 185(2)(a)—Delhi Electricity Reforms Act, 2000—Sections 15, 16, 20, 60—Show-cause notice—CAG audit of private electricity distribution companies—Maintainability of writ petition—Challenge to a show-cause notice issued in connection with a proposed CAG audit held to be premature—The impugned notice merely called upon the petitioners to submit their representation and appear for a hearing and did not record any adverse finding or determine any right or liability—Held, interference under Article 226 at the stage of a mere show-cause notice is unwarranted in the absence of except...
(5) HIMACHAL PRADESH
A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Financial capacity of complainant—Complainant alleged advancement of a loan of Rs. 7,00,000/- to the accused but failed to establish his financial capacity to lend such amount—Evidence showed that the complainant was included in the IRDP/BPL list, reflecting a monthly income of less than Rs. 2,500/-—In the absence of satisfactory proof regarding the source of funds, the statutory presumption stood effectively rebutted—Held, the accused successfully discharged the burden on the standard of preponderance of probabilities and was entitled to acquittal. [Paras 22–26] B. Criminal Procedure Code, 1973—Section 397—Revisional jurisdiction—Scope of interference—Revisional Court cannot function as a Court of...
(6) HIMACHAL PRADESH
A. Indian Penal Code, 1860—Sections 341, 354 and 506—Appeal against acquittal—Prosecution case based primarily on the testimony of the informant—Informant's version not corroborated by independent evidence—Material contradictions regarding identity of witnesses and sequence of events—No reliable supporting evidence establishing prosecution case—Held, appellate court rightly extended benefit of doubt and acquitted the accused—No interference warranted as the acquittal was a plausible and legally sustainable view. [Paras 13, 14, 16, 30, 31] B. Criminal Procedure Code, 1973—Section 161 (corresponding to Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023)—Statements recorded by police—Evidentiary value—Statements under Section 161 CrPC are not substantive ...
(7) HIMACHAL PRADESH
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 497; Banning of Unregulated Deposit Schemes Act, 2019—Section 13(2)—Release of Seized Vehicle—Registered owner of a seized vehicle is entitled to interim custody where no provisional attachment order has been passed by the competent authority under the Deposit Act—Release cannot be withheld merely because the vehicle was seized during investigation and shall be subject to appropriate conditions, including execution of a sapurdari bond, production of the vehicle as and when required, and non-alteration of its identity. [Paras 9–12] B. Banning of Unregulated Deposit Schemes Act, 2019—Section 32(2); Criminal Procedure Code, 1973—Search, Seizure and Release of Property—Search and seizure under the Deposit Act are governed by the provis...
(8) HIMACHAL PRADESH
A. Criminal Procedure Code, 1973—Section 391 (Corresponding to Section 432, Bharatiya Nagarik Suraksha Sanhita, 2023)—Additional Evidence in Appeal—Appellate Court may admit additional evidence only where it is essential for a just decision of the appeal—The power is exceptional and cannot be exercised to fill lacunae in the defence, permit a de novo trial, or alter the nature of the case—The Court must consider due diligence, relevance, and necessity before allowing such evidence. [Paras 10–12, 15, 18] B. Criminal Procedure Code, 1973—Section 482 (Corresponding to Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023)—Inherent Powers—The High Court's inherent jurisdiction is to be exercised sparingly and only to prevent abuse of the process of law or secure the ends of justice&...
(9) JHARKHAND
Service Law
A. Service Law—Departmental Proceedings—Punishment of Compulsory Retirement—Punishment of compulsory retirement imposed on charges relating to manipulation of revenue records was quashed where the findings of the Inquiry Officer were based on no evidence, ignored the delinquent employee's defence, and were vitiated by procedural irregularities and violation of principles of natural justice—Employee held entitled to reinstatement with consequential benefits, including back wages and promotion. [Paras 19–28] B. Service Law—Departmental Inquiry—Proof of Charges—Examination of witnesses is a condition precedent for proving charges and relied-upon documents in disciplinary proceedings—Mere production of documents does not amount to proof, even in an ex parte inquiry—Failure to ...
(10) KERALA
A. Employees' Compensation Act, 1923—Section 4A(2)—Interest on Compensation—Liability of Insurer—Exclusion of the insurer's liability to pay interest is not absolute but conditional—The insurer must establish non-compliance by the employer or claimant with the statutory requirements under the Act—In the absence of specific pleadings or evidence proving such default, the insurer remains liable to pay interest on the compensation awarded. [Paras 9, 13, 14] B. Employees' Compensation Act, 1923—Section 4A(2)—Exclusion Clause—An exclusion clause relieving the insurer from liability to pay interest must be construed strictly, while coverage provisions are to receive a liberal interpretation—The burden of proving the applicability of the exclusion rests on the insurer. [P...