Motor Vehicles Act, 1988—Section 166—Injury Claim—Enhancement of Compensation—Just Compensation—Assessment of Disability and Non-Pecuniary Damages—Interest—In a claim under Section 166 of the Motor Vehicles Act, 1988 arising out of bodily injuries, the guiding principle for award of compensation is to place the claimant, as far as money can do, in the position he or she would have occupied but for the accident—Compensation must be just, fair, and reasonable, covering both pecuniary damages (medical expenses, loss of income, future treatment) and non-pecuniary damages (pain and suffering, loss of amenities, loss of enjoyment of life)—Where the Tribunal awards compensation that is demonstrably low, particularly under non-pecuniary heads such as pain and suffering, transportation, special...

Criminal Procedure—Discharge and Framing of Charge—Prima Facie Case—Limited Scope of Revisional Interference—At the stage of consideration of discharge under Section 227 Cr.P.C. and framing of charge, the court is required only to assess whether the material placed by the prosecution discloses the existence of a prima facie case against the accused—The strict standard of proof beyond reasonable doubt, which governs the final adjudication of guilt, is wholly inapplicable at this preliminary stage, and the court cannot undertake an evaluation of the probative value or sufficiency of the evidence—Where statements of police officials recorded under Section 161 Cr.P.C. specifically allege the presence and active participation of the accused in the incident, such material is adequate to justify framing of cha...

Civil Procedure—Order XXVI Rule 9 CPC—Appointment of Local Commissioner—Demarcation in Encroachment Disputes—Supervisory Jurisdiction under Article 227—In a suit for possession and injunction based on alleged encroachment, where the plaintiff asserts that the Municipal Corporation has constructed a road on a specific portion of joint land and the defendants deny encroachment by claiming existence of a pre-existing pathway, the identity and boundaries of the suit property become the core issue—In such circumstances, demarcation through a Local Commissioner, preferably a revenue expert, is the most effective and reliable method to determine whether encroachment has in fact taken place—The appointment of a Local Commissioner in such cases does not amount to impermissible “collection of evidence...

Motor Vehicles Act, 1988—Section 166—Compensation for Personal Injury—Assessment and Enhancement—In claims under Section 166, the object of awarding compensation is to fairly and adequately restore the claimant to the pre-accident position, covering pecuniary (medical expenses, loss of earnings, future treatment) and non-pecuniary damages (pain, suffering, loss of amenities, loss of marriage prospects); for permanent disability, loss of earning capacity must be assessed based on the nature of injury, age, education, occupation, and not merely the percentage of bodily disability; for minors or students, notional income and future prospects must be considered; compensation for permanent disability is distinct from loss of future income and both can be awarded cumulatively; the multiplier method is applied to calculat...

Indian Partnership Act, 1932—Dissolution of Partnership at Will; Maintainability of Suit; Arbitration Clause; Effect of Non-Registration; Admissibility of Evidence—In a partnership at will, a notice by a partner stating an unwillingness to continue the partnership business and demanding settlement of accounts and share in firm properties constitutes a valid dissolution under Section 43, not mere retirement under Section 32, with the firm dissolved from the date specified or, if unspecified, from communication; a suit for dissolution or accounts of a dissolved firm is maintainable even if the firm is unregistered under Section 69(3)(a); an arbitration clause in an unregistered partnership deed cannot bar a civil suit; and a party who never disputed execution or admissibility of a partnership deed during trial or first appeal ca...

Civil Procedure Code, 1908 (CPC)—Order 2 Rule 2; Limitation Act, 1963—Article 54; Specific Relief Act, 1963—Sections 16(c) & 20—Specific Performance of Contract—An earlier suit for declaration/injunction based on apprehended alienation does not bar a subsequent suit for specific performance under Order 2 Rule 2 CPC where the relief in the first suit was premature or legally unavailable—Limitation for specific performance runs from the date the plaintiff has notice of the defendant’s refusal, and periods of legal impossibility (e.g., statutory bars) do not start the clock—Continuous readiness and willingness to perform is established by conduct, correspondence, and partial payment, without requiring cash-in-hand proof—Escalation of market prices, attributable to the defendant’...

Land Acquisition Act, 1894—Sections 18, 19—Correction of Objection Petition—CPC Sections 151 & 153—A landowner’s inadvertent omission of Killa numbers in a Section 18 objection petition does not bar correction, even after Reference Court and First Appeal proceedings—Section 18 requires only the statement of objections, not precise land details, while Section 19 imposes a statutory duty on the Collector to inform the Court of all acquired land—Courts may allow amendment under CPC Sections 151 and 153 to rectify typographical errors, ensuring landowners are not prejudiced due to administrative lapses by the Collector. ...

Negotiable Instruments Act, 1881—Section 138 / Compounding of Offence / High Court Intervention—Offence under Section 138 can be compounded at all stages of litigation, including after conviction by the Magistrate and dismissal of appeal by the Sessions Court, if the parties reach an amicable settlement—High Court, exercising inherent powers under Section 528 BNSS, 2023, may quash conviction to prevent abuse of judicial process and secure ends of justice, provided compromise is genuine and does not affect public interest. Costs under delayed compounding, ordinarily imposed per Damodar S. Prabhu, may be reduced or waived based on petitioner’s circumstances (age, financial status, first-time offender). (Paras 1–10) ...

Excise Act—Section 68 / Evidence Law / Criminal Procedure—Police Officials Consuming Liquor on Duty—Conviction under Section 68 for consuming liquor in a public place while on duty upheld where prosecution proved the essential ingredients: petitioners were on duty and consuming liquor, supported by consistent testimony of police officials (DSP and others) and reliable medical evidence—Absence of independent witnesses is not fatal; courts must scrutinize police testimony carefully, but reliable and trustworthy evidence of police witnesses is sufficient for conviction—Concurrent findings of guilt by two courts below, based on cohesive and consistent evidence, cannot be disturbed in revision unless strong grounds for interference exist. (Paras 12–24) ...

Limitation Act, 1963 / Civil Procedure Code, 1908 / Specific Relief Act, 1963 / Evidence Act, 1872—Condonation of Delay, Second Appeal, Specific Performance, Readiness & Willingness, Expert Evidence—Delay of 86 days in filing appeal condoned under Section 5 Limitation Act as explanation appeared bona fide; procedural law should not defeat substantial justice—In Punjab and Haryana, second appeals are treated under Section 41 Punjab Courts Act, 1918, and framing of substantial question of law is not mandatory—Plaintiff entitled to specific performance of agreement to sell for ₹15,00,000, with earnest money of ₹4,72,000; defence that agreement was only a security for a loan of ₹2,00,000 not substantiated—Readiness and willingness proved via affidavit and legal notices; defendant cannot deny agreement y...