A. Service Laws—Family Pension Scheme—Karewa Marriage—Customary remarriage of a widow to her deceased husband’s brother (Karewa marriage) preserves family ties, provides care for minor children, and ensures support for aged parents—Such marriage cannot be treated as remarriage under service rules to disqualify widow from family pension. [Paras 13–16] B. Constitution of India, 1950—Article 21—Right to Life—Right to life includes dignified and meaningful existence—Family pension is a social security measure akin to wages relied upon by dependents for fiscal security—Denying pension due to Karewa marriage violates Article 21. [Paras 11–12] C. Service Laws—Family Pension Scheme—Beneficial Legislation—Family pension provisions must be interpreted pu...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Regular Bail—Petitioner not named in FIR and implicated solely on co-accused’s disclosure; no recovery of incriminating articles; prolonged custody of over 4.5 years; trial likely to take long; granted bail considering delay and fundamental rights under Article 21. (Paras 4, 7, 8) B. Criminal Procedure Code, 1973 (CrPC)—Bail Considerations—Court evaluates prima facie case, peculiar circumstances, likelihood of repeating offences, gravity of allegations, severity of punishment, danger of absconding, and threat to witnesses; prolonged pre-trial incarceration is crucial; jail is an exception, bail is the rule. (Paras 7) C. Evidence Act, 1872—Co-accused Disclosure Statements—Admissibility to be decided at trial; disclosure statements ...

A. Motor Vehicles Act, 1988—Section 166—Claim for Compensation—Appeal for enhancement of compensation allowed; original MACT award of Rs. 1,50,000/- increased to Rs. 4,12,400/- based on established principles of loss of dependency, future prospects, and conventional heads. (Paras 7–8) B. Principles of Compensation Calculation—Loss of Dependency & Conventional Heads—Computation involves adding future prospects based on employment, deducting personal expenses, applying an age-appropriate multiplier, and awarding standardized amounts for conventional heads like loss of estate, funeral expenses, and filial consortium; guided by Supreme Court precedents (Pranay Sethi, Nanu Ram, Sarla Verma). (Para 7) C. Assessment of Income & Future Prospects—Deceased aged 24, initially assessed by Tribun...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Regular Bail & NDPS Act—Petitioner imprisoned for 1 year, 7 months, 17 days; trial not progressed as no prosecution witnesses examined; clean antecedents; no likelihood of absconding or non-participation; continued detention not serving any purpose; bail granted. (Paras 2, 3, 6–12) B. Bail Considerations—NDPS Act, 1988—Section 37—Gravity of allegations and severity of punishment are factors, but prolonged detention and trial delays are crucial; Apex Court allows bail under Section 37 considering undue trial delay, Section 436-A Cr.P.C., and jail conditions. (Para 6) C. Bail Considerations—Delay in Trial & Prolonged Incarceration—Daily custody gives fresh cause for bail application; law favors bail over jail; constitu...

A. Motor Vehicles Act, 1988—Sections 166 & 163-A—Appeals Against Compensation—Court reviews claimants’ appeal for enhancement; affirms findings on negligence and liability; reassesses quantum of compensation in line with Supreme Court precedents. (Paras 1, 5) B. Motor Vehicles Act, 1988—Section 166—Maintainability of Claim Petition by Legal Representatives—All legal representatives of deceased can maintain a claim petition, even if individually independent; they are entitled to compensation from the deceased’s estate. (Para 6) C. Motor Vehicles Act, 1988—Section 166—Compensation for Death—Principles of Computation—Loss of dependency includes future prospects, deduction for personal expenses, multiplier based on age; standardized heads (loss of estate, funera...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21—Bail and Evidence—Under Sections 21, 25, and 29 of the NDPS Act, grant of bail is the general rule, and detention is the exception, particularly where no recovery of contraband is made from the accused, the accused is not the owner of the vehicle involved, and the sole evidence is a disclosure statement of a co-accused—Disclosure statements under Section 27 of the Evidence Act, 1872, are inadmissible against other accused unless independently corroborated—Confessional statements recorded under Section 67 of the NDPS Act cannot be treated as confessions—Extended pre-trial incarceration without sufficient evidence, coupled with trial delays, infringes Article 21 of the Constitution of India, 1950, violating the right to a speedy trial—...

Copyright Law—Infringement / Remedies / Infringing Copies—Plaintiff’s Rights—Injunction and Damages A. Copyright Act, 1957—Sections 14, 51 & 52—Copyright Infringement—Unauthorized reproduction or distribution of copyrighted work—Plaintiff entitled to seek injunction against further infringement, as well as damages or account of profits. (Para 10) B. Copyright Act, 1957—Section 52—Exceptions / Fair Use—Limited use of copyrighted work for personal, educational, or research purposes does not constitute infringement; however, commercial exploitation without authorization infringes copyright. (Para 12) C. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Interim Injunction—Plaintiff must establish prima facie case, balance of convenience in its f...

A. East Punjab Urban Rent Restriction Act, 1949—Section 13—Eviction of Tenant: A Shop-cum-Flat (SCF) in Chandigarh qualifies as a non-residential building—Eviction can be legitimately sought on bona fide grounds under Section 13, applicable to both residential and non-residential tenancies. (Para 17) B. East Punjab Urban Rent Restriction Act, 1949—Section 11—Change of User: Tenant using the residential portion of a SCF for commercial purposes, such as running a tailoring business, constitutes a change of user in violation of the tenancy terms and Section 11 of the Act—This provides valid grounds for eviction. (Para 18) C. Capital of Punjab (Development and Regulation) Act, 1952—Misuse of Property: A landlord cannot be prejudiced by a tenant’s misuse of the premises—Show cause not...

A. Motor Vehicles Act, 1988—Claim Petition—Proof of Negligence—FIR Not Sine Qua Non: Registration of FIR is not a condition precedent for maintaining a claim petition—Negligence is to be established on the touchstone of preponderance of probabilities—Where an independent eye-witness proves the occurrence and involvement of the offending vehicle, delay or initial registration of FIR against unknown person does not defeat the claim. (Para 6) B. Evidence—Ocular Testimony—Evidentiary Value: Testimony of an independent eye-witness present at the spot, which remains unimpeached in cross-examination, is sufficient to establish rash and negligent driving—Bald denial by driver, owner or insurer without cogent rebuttal evidence is inconsequential. (Paras 6, 7) C. Motor Accident Claims—Asse...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Regular Bail—NDPS Act—Sections 20/20-C/27A/29/61—Disclosure Statement of Co-accused: Petitioner named only in disclosure statement of co-accused; no recovery effected from her; no independent corroborative material including transcript of conversations from CDRs—Held, in light of law laid down in Tofan Singh and subsequent precedents, mere disclosure statement without substantive corroboration is insufficient to deny bail. (Paras 3, 7, 8) B. NDPS Act—Section 37—Rigours of Bail—Prima Facie Satisfaction: Though offence involves commercial quantity (150 kg Ganja), Court can grant bail where prima facie case under Section 37 is not made out against accused, particularly when implication is solely on disclosure statement and no reco...