A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—A second appeal is maintainable only when a substantial question of law arises which materially affects the rights of the parties—Mere reappreciation of facts or evidence does not constitute a substantial question of law, and the High Court should not interfere with concurrent findings of fact where two possible inferences may arise from the evidence. B. Civil Procedure Code, 1908—Section 100—Pleadings and New Contentions—Questions of law which require foundational facts cannot be raised for the first time in second appeal if such facts were not pleaded or proved before the courts below—Contentions not raised in pleadings or evidence before the trial court or the first appellate court are not permiss...

Motor Vehicles Act, 1988—Sections 163-A and Compensation—Just Compensation Principles—Claims under Section 163-A read with Schedule II of the Motor Vehicles Act, 1988, are subject to statutory caps; however, courts may deviate from these caps to ensure “just compensation,” particularly for minors or in cases of severe injury (A). Compensation assessment considers loss of earning capacity, pain and suffering, cost of future treatment, attendant charges, loss of amenities of life, and diminution of future prospects (B). Schedule II caps on notional income are not rigid and should be adjusted for inflation, currency devaluation, and rising cost of living, in line with Supreme Court guidance (C). Permanent disability does not mechanically translate into proportional loss of earning capacity; factors such as age, ...

Constitution of India, 1950—Article 226—Writ of Mandamus—Compassionate Appointment—Laches and Delay—Petitioner sought compassionate appointment following his father’s medical invalidation retirement—The scheme for compassionate appointment was initially struck down by the High Court and subsequently revived by the Supreme Court—The petitioner filed the writ petition 19 years after initial rejection—The Court held that the petition was barred by laches, observing that the purpose of compassionate appointment is to alleviate immediate financial hardship faced by the family of the deceased or retired employee, and is not a vested right—Substantial delay defeats the object of the scheme—Evidence showed that the petitioner’s family had been financially sustaining itself: c...

Central Sales Tax Act | 1956—Section 5(1)—Sale in the course of export—Article 286(1)(b) | Constitution of India—Tax exemption—Misinterpretation of law. Held | that a sale “in the course of export” under Section 5(1) of the Central Sales Tax Act postulates an integrated series of transactions commencing from the agreement of sale with a foreign buyer and culminating in the delivery of goods for transport outside India | such export being inextricably linked with the sale. The distinction between a “sale for export” and a “sale in the course of export” lies in the nexus between the sale and the export; where the seller has no role or obligation in the export process | it is merely a sale for export | whereas where export is an integral and unavoidable incident of the sale | ...

Limitation Act, 1963—Section 5—Civil Procedure Code, 1908 Order XXII Rule 3—Civil Procedure—Partition Suit—Condonation of Delay—Order XXII Rules 3 & 9 CPC; Section 5 Limitation Act—Petitioners filed an application to set aside abatement of a partition suit and to bring legal representatives of a deceased defendant on record—The delay occurred as petitioners were unaware of the pendency of the suit instituted by their father—Explanation regarding discovery of the plaint and subsequent steps taken by petitioners was found plausible—The trial court is expected to adopt a pragmatic and liberal approach in considering condonation of delay applications to enable adjudication on merits rather than technicalities—Delay due to lack of awareness of the suit constitutes sufficient...

Civil Procedure Code, 1908—Section 100—Second Appeal: High Court’s power to interfere with findings of fact by the First Appellate Court is circumscribed and limited to cases where the findings are erroneous, contrary to mandatory provisions of law, based on inadmissible evidence, or arrived at without evidence. Specific Relief Act, 1963—Section 16(c) and Appendix A, Forms 47 & 48—Specific Performance: A suit for specific performance must comply with prescribed forms and averments—Filing without prior notice or demand to the defendant-vendor is non-compliant and liable to dismissal, though strictly proven oral demand may be considered. Evidence Act, 1872—Presumption Against Non-Testifying Party: A party failing to testify on oath and submit to cross-examination attracts a presumption tha...

Criminal Law—Circumstantial Evidence, Fingerprints, and Burden of Explanation: Where incriminatory circumstances are established by the prosecution, Section 106 of the Evidence Act casts a duty on the accused to offer explanation, and failure under Section 313 CrPC strengthens the chain of evidence—Conviction cannot rest solely on the “last seen” theory but gains weight when corroborated by proximity to the crime scene, recovery of incriminating materials, and fingerprint evidence linking the accused to objects at the scene—A coherent chain of circumstantial evidence connecting the accused to the crime suffices for conviction—The High Court dismissed the criminal appeal, confirming trial court’s conviction and sentence. ...

Civil Procedure Code, 1908—Order VI Rule 17; Order VIII Rule 1(A)—Amendment of Pleadings and Production of Documents: Amendments to pleadings should be allowed to determine the real question in controversy, provided they do not prejudice the other party, withdraw clear admissions, introduce time-barred claims, fundamentally change the suit, or are mala fide—Liberal allowance is justified to rectify omissions or introduce additional approaches without altering the cause of action, especially where costs can compensate the other party—Documents referred to in pleadings, such as a Will, need not be filed with the written statement if their genuineness is to be tested through evidence; procedural technicalities or mere suspicion cannot bar their production—Courts should prioritize substantial justice over formali...

Civil Procedure Code, 1908—Order 6 Rule 17; Limitation Act, 1963—Amendment of Pleadings; Adverse Possession: Amendments to pleadings are generally allowed to decide real controversies and prevent multiplicity of proceedings, provided they do not prejudice parties, withdraw admissions, introduce time-barred claims, or change the suit's nature—Amendments after commencement of trial require proof of due diligence; applications filed after significant delay, especially post plaintiff’s evidence, are belated—Attempting to introduce new reliefs such as declaration of title, possession recovery, or mandatory injunction in a suit originally for cancellation of sale deeds and permanent injunction substantially changes the cause of action—Introducing adverse possession claims belatedly may circumvent the 12-y...

Motor Vehicles Act, 1988—Sections 166, 168, 169; Compensation—Dependency; Evidence: In a claim arising from fatal road accident involving an APSRTC bus, the Tribunal can consider FIR, post-mortem report, and other oral/documentary evidence; Rule 476(7) is directory—The Tribunal must adopt a holistic approach, assessing preponderance of probability rather than proof beyond reasonable doubt, aiming to provide just compensation—Loss of dependency calculated on annual income of Rs.1,70,000 with 1/3 deduction for personal expenses and multiplier of 17, totaling Rs.19,27,000; conventional heads included parental consortium, funeral, and loss of estate—High Court enhanced total compensation to Rs.20,37,000 with 9% interest per annum—Evidence of bus driver’s admitted rash driving confirms negligence; clai...