Civil Procedure Code, 1908 (CPC)—Section 100—Second Appeal—Substantial Question of Law—Whether the First Appellate Court erred in endorsing the trial court’s findings by ignoring material evidence given by Court Witness No. 1, Surja Maya Sunwar. (Para 1) Evidence Act, 1872—Sections 63 and 65—Secondary Evidence—Photocopy of Record of Rights (Parcha Khatiyan)—Plaintiff failed to provide satisfactory explanation for non-production of original document—Reliance on photocopy without justification renders its admission improper. (Paras 26, 27) Evidence Act, 1872—Section 35—Admissibility of Public Records—Entries made by public servants in discharge of official duty, including computerized records, constitute relevant and admissible facts. (Para 28) Civil Proc...

Legal Services Authorities Act, 1987—Sections 19(5) and 20(2)—Lok Adalat—Jurisdiction in Pre-litigation Cases—A party cannot directly approach Lok Adalat by filing pre-litigation cases—An application must first be submitted to the relevant “Authority” or “Committee” organizing the Lok Adalat, which decides on referral after hearing both parties. (Paras 10, 13) Legal Services Authorities Act, 1987—Sections 2(d), 2(aa), 2(h), 2(b), 3A, 8A, 9, 19(2)—Lok Adalat vs. Authorities/Committees—The organizing “Authority” or “Committee” (e.g., State or District Legal Services Authority) is distinct from the Lok Adalat itself—The former decides whether to refer pre-litigation matters to Lok Adalat for settlement or determination. (Paras 11, 12) ...

A. Constitution of India, 1950—Article 226—Writ Petition—Maintainability—The writ petition was held to be defective due to non-impleadment of necessary parties—Petitioners sought modification of an Office Order that affected individuals who were not made parties, rendering the petition liable for dismissal. (Para 16) B. Service Law—Seniority—Date of Reckoning—Petitioners, although appointed earlier as Acting Assistant Engineers (Civil), were not entitled to seniority over respondents who were substantively appointed through a regular selection process in 2018—Seniority must be reckoned from the date of substantive appointment, not from ad hoc or acting posts. (Paras 5, 12) C. Service Law—Promotion vs. Upgradation—Legal Distinction—The Court distinguished promoti...

Constitution of India, 1950—Articles 19(1)(g) and 21—Fundamental Rights—Right to carry on business and right to life invoked in petition for interim relief to suspend impugned orders and allow petitioner to continue business at existing location. (Para 1) Administrative Law—Jurisdiction—District Magistrate exceeded jurisdiction by directing Municipal Corporation to remove petitioner from hawking space; dispute held to be civil in nature. (Para 2) Municipal Law—Hawking Licence—Renewal and Relocation—Petitioner’s hawking licence renewed but subsequent orders directed relocation, sparking dispute over designated hawking space. (Paras 2, 7) Municipal Law—Powers of Municipal Corporation—Municipal Corporation advised parties in civil dispute regarding hawker to approach ...

Motor Vehicles Act, 1988—Section 173—Appeal Against Award—Insurance company appealed against compensation of Rs. 71,20,670/- awarded by Claims Tribunal. Tribunal’s finding on rash and negligent driving of deceased driver not conclusive; FIR and charge-sheet against deceased excluded; claimant’s testimony proved negligence. (Paras 1, 4–7) Motor Vehicles Act, 1988—Section 166—Compensation Calculation—Deceased driver’s insurance policy and driving license valid and covered accident; insurance company contested only calculation of loss of earnings and permanent disability compensation. (Paras 6, 8) Motor Vehicles Act, 1988—Section 166—Compensation Heads—Compensation for loss of earnings and permanent disability can be granted simultaneously; non-grant of perma...

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 430(1)—Bail and Suspension of Sentence Post-Conviction—Court must consider prima facie merits of the appeal, overall circumstances, and compelling reasons before granting suspension of sentence and bail. (Para 7) Protection of Children from Sexual Offences Act, 2012 (POCSO)—Section 9(l)—Sexual Assault on Child—Fixed Term Sentence—Suspension of sentence post-conviction may be granted liberally by appellate court except in exceptional circumstances. (Para 9) Criminal Procedure Code, 1973 (CrPC)—Bail Post-Conviction—Unlike pre-trial bail, presumption of innocence does not apply; bail is granted based on strong compelling reasons and prima facie appeal merits. (Para 5) Bail—POCSO Offence—Applicant convicted for in...

A. Civil Procedure Code, 1908 (CPC)—Order 7 Rule 11(a) and 11(d)—Rejection of Plaint—Cause of Action and Limitation—At the stage of rejection, the court must examine the averments and accompanying documents in the plaint alone. Defense pleas are irrelevant. The plaint must prima facie disclose a cause of action; truthfulness is not to be inquired into. Rejection is a drastic remedy and strict conditions must be met. (Paras 9, 9(i)) B. Civil Procedure Code, 1908 (CPC)—Order 7 Rule 11(d)—Limitation—Suit barred if filed beyond limitation period—Trial court erred in applying only Article 58 of the Limitation Act, ignoring other reliefs such as recovery of possession and injunction which attract different limitation periods. (Paras 1, 10, 10(i)) C. Property Law—Acquisition of Land&mda...

Protection of Children from Sexual Offences Act, 2012—Section 4(2)—Penal Code, 1860 (IPC)—Section 376—Acquittal Due to Failure to Prove Victim’s Minority Beyond Reasonable Doubt—The High Court, in a criminal appeal, examined the conviction of the appellant under Section 4(2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 376 of the Indian Penal Code, 1860—The case involved a crucial determination of the victim’s age, which formed the basis for invoking the POCSO Act—A division bench delivered a split verdict—The dissenting judge upheld the trial court's conviction, finding that the prosecution had provided sufficient proof of the victim’s minority and that the appellant had engaged in sexual intercourse with the victim—However, t...

Income Tax Act, 1961—Section 10(26AAA)—Finance Act, 2023—Amended Definition of "Sikkimese"—Constitutional Validity Upheld—The case pertained to the challenge against the amended definition of "Sikkimese" under Section 10(26AAA) of the Income Tax Act, 1961, as introduced by the Finance Act, 2023—The petitioners contended that the amendment, particularly Explanation (v) to clause (26AAA), violated Article 371F(k) of the Constitution of India, which provides special protections and privileges to indigenous Sikkimese people—The High Court of Sikkim dismissed the Public Interest Litigation (PIL), holding that the amendment was limited in scope to income tax exemptions and did not interfere with the constitutional safeguards under Article 371F(k)—The court relied on the clarifi...

Motor Accident Claims—Compensation for Deceased Bachelor—Deduction for Personal Expenses—Filial Consortium—Enhancement of Compensation—In motor accident claims involving the death of a bachelor with dependent family members, the deduction for personal and living expenses from loss of earnings may be restricted to one-third based on Supreme Court precedent—Compensation for filial consortium to dependent family members should be awarded as per established norms— In the present case, the Motor Accidents Claims Tribunal (MACT) awarded compensation to the claimants, including the deceased’s widowed mother and younger siblings—On appeal, the High Court modified the award by adjusting the deduction for personal expenses from one-fourth to one-third, considering the deceased’s finan...