A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Section 16—Right of Appeal—Section 16 of the Act clearly and unambiguously grants the right of appeal only to senior citizens or parents aggrieved by an order of the Tribunal, to the exclusion of any other person, including children or other relatives—Consequently, an appeal filed by a son challenging a maintenance order passed in favour of his elderly mother is not maintainable, as he is neither a senior citizen nor a parent. [Paras 10–12] B. Jurisdiction—Appeal filed without statutory right—An appeal preferred before an Appellate Tribunal without a statutory right of appeal is not entertainable and the Tribunal lacks jurisdiction to adjudicate the same—Any order passed in such an appeal is liable to be quashed. [Para 13...

A. Land Allotment & Legitimate Expectation—Petitioner, an allottee, remained in possession of adjacent unused land of Bhubaneswar Development Authority for over two decades and applied for its allotment pursuant to a public advertisement—Court recognized legitimate expectation arising from long possession, policy indication, and similar allotments—Directed authority to decide application within three months, applying prevailing benchmark value if allowed, and maintain status quo meanwhile. B. Doctrine of Legitimate Expectation—Under administrative law, public authorities must act fairly and consider expectations arising from consistent practice or official representations—Though not an absolute right, ignoring such expectation may render action arbitrary—Court held petitioner’s claim worthy...

A. Code of Criminal Procedure, 1973—Section 125 (now Section 144 BNSS, 2023)—Maintenance—Determination of quantum—Maintenance is a measure of social justice intended to prevent destitution of wife and child—While determining quantum, Court must consider actual income, earning capacity, assets and standard of living of husband—Salary slips and documentary evidence are best indicators—Interim reduction or enhancement must be based on verified income details—Direction issued to employer (ONGC) and husband to disclose full income particulars for proper adjudication. [Paras 11 to 12] B. Code of Criminal Procedure, 1973—Section 125—Maintenance—Wife earning income—Effect—Mere earning capacity or employment of wife does not disentitle her from maintenance—...

A. Motor Vehicles Act, 1988—Section 166, 173(1)—Motor Accident Claims—Appeals—Both insurer and claimant challenged quantum of compensation awarded by Motor Accident Claims Tribunal (Rs.1,12,71,231/-); insurer disputed disability assessment, claimant challenged income determination. (Para 1, 2) B. Assessment of Disability—Disability Certificate—Insurer challenged disability evaluation relying on Raj Kumar v. Ajay Kumar but did not dispute genuineness of Medical Board certificate (Ext.9); certificate held genuine in absence of contrary evidence. (Para 5) C. Principles of Disability and Earning Capacity—Tribunal must determine if disablement is total/partial, effect on whole body functioning and earning capacity; assess what claimant can/cannot do, pre-accident avocation, and functional versus ...

A. Code of Criminal Procedure, 1973—Section 482—Penal Code, 1860—Sections 341, 498-A, 323, 294, 307, 506—Quashing of criminal proceedings—Matrimonial dispute—Where parties have obtained divorce and are living separately for a considerable period, and the complainant-wife expresses unwillingness to pursue criminal proceedings, continuation of prosecution arising out of matrimonial discord would amount to abuse of process of law—Even in respect of non-compoundable offences, High Court can exercise inherent powers under Section 482 CrPC to secure ends of justice—Where chances of conviction are bleak and trial would be a mere formality, proceedings liable to be quashed. [Paras 13 to 15] B. Code of Criminal Procedure, 1973—Section 482—Scope of inherent powers—Settlement ...

A. Hindu Succession Act, 1956—Section 14—Self-acquired Property of Female Hindu—Registered Sale Deed in Name of Mother—Held, property purchased through registered sale deed and recorded exclusively in name of female Hindu vests absolutely in her; plea of joint family property or contribution by sons not sustainable in absence of proof—Concurrent findings of courts below affirmed. [Paras 16–17] B. Protection of Women from Domestic Violence Act, 2005—Sections 17 & 19—Shared Household—Claim by Son and Daughter-in-law—Held, where suit property is self-acquired and exclusively owned by mother-in-law, same cannot be treated as “shared household” enabling son and daughter-in-law to claim right of residence against her wishes. [Paras 17–18] C. Code o...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce on ground of cruelty—Remand—Non-compliance of appellate directions—Family Court failed to comply with specific remand directions to determine permanent alimony—Erroneously restored earlier judgment without adjudication—Held, such approach amounts to misreading of remand order—Impugned order set aside and matter remanded for fresh decision in accordance with appellate directions. [Paras 2, 5 and 6] B. Code of Criminal Procedure, 1973—Section 125—Maintenance—Interim maintenance—Object and scope—Maintenance is a measure of social justice intended to prevent vagrancy and destitution—Wife need not be absolutely destitute to claim maintenance—Husband under legal and moral obligation to maintain ...

A. Administrative Law—Principles of Natural Justice—Opportunity of Hearing—State’s contention that a writ petition was allowed at the admission stage without filing a counter was rejected—Court held that the Single Judge considered the grounds raised | and there was no denial of opportunity of hearing to the State. (Para 4.1) B. Civil Services (Pension) Rules, 1992—Rules 3 and 18(3)—Pensionary Benefits for Casual and Work-charged Employees—State argued casual and work-charged employees are not entitled to pension—Court noted that this contention has been repeatedly negatived in earlier cases, including Supreme Court dismissal of SLPs against similar judgments, affirming grant of pensionary benefits. (Para 4.2) C. Classification—Equality—“Class within a Class&rdq...

A. Court Hierarchy and Judicial Discipline—Coordinate Bench—Binding Nature of Precedent—It is a settled principle of judicial discipline that a coordinate bench of equal strength is bound by the decision of an earlier coordinate bench—In the event of disagreement with the legal principles or conclusions recorded therein, the only permissible course is to refer the matter to a larger bench for authoritative determination—A coordinate bench cannot take a contrary view merely because it holds a different opinion, as such an approach would lead to inconsistency in the administration of justice and erode the certainty of law. B. Court Proceedings—Writ Jurisdiction—Tender Conditions—Judicial Review—Dismissal of Petition—The writ petition challenging the validity of a tender clause w...

Motor Vehicles Act, 1988—Section 163A—Structured Formula Compensation—Maintainability of Claim—Income Ceiling—Claim petition under Section 163A of the Motor Vehicles Act was dismissed by the Tribunal on the ground that the deceased’s annual income exceeded Rs. 40,000/- after including fooding allowance as part of wages—Held, the Tribunal erred in law—Fooding allowance, being paid exclusively for the personal sustenance of the employee during the course of employment, does not enure to the benefit of the dependents and therefore cannot be included while computing annual income for the purpose of Section 163A read with the Second Schedule—On exclusion of such allowance, the deceased’s income falls within the statutory limit, rendering the claim maintainable—Insurance—Co...