Motor Vehicles Act, 1988—Ss. 66, 158, 173—Insurance Policy—Breach of Permit Conditions—Liability of Insurer—Pay and Recover—In an appeal under Section 173 against an award of the Claims Tribunal, the insurance company questioned its liability on the ground that the offending vehicle was being plied outside the area permitted by the competent transport authority—Held, that under Section 66 of the Act, a transport vehicle must be operated strictly in accordance with the conditions of a valid permit, and any deviation amounts to a violation of statutory provisions—Where the insurance policy is issued subject to and in accordance with Chapters X and XI of the Motor Vehicles Act, plying the vehicle beyond the permitted route constitutes a fundamental breach of the policy conditions—Such bre...

Penal Code, 1860 (IPC)—Sections 363—Conviction, Sentence, and Retrospective Application of Amended Provisions—In a criminal appeal involving offences under Sections 363, 366, 376(2)(i)(m) of IPC and Sections 3/4, 5(i)(m), 6 of the POCSO Act, 2012, committed prior to the 2019 amendment, the court held that enhanced penalties under the amended Act cannot be applied retrospectively, in view of Article 20(1) of the Constitution, which prohibits retrospective imposition of greater punishment—The appellant’s conviction for abduction and sexual assault of a minor was affirmed, based on credible identification of the prosecutrix, corroborative testimony of a shop worker, and DNA evidence confirming the presence of the appellant’s semen—The life imprisonment for the remainder of natural life imposed under ...

Motor Vehicles Act, 1988—Sections 50, 155, 166, 173—Insurance—Claim Petition—Death of Owner and Pillion Rider—Maintainability and Liability—Where an insured vehicle caused the death of both the owner and his wife, a claim petition filed by their children against the insurance company alone is maintainable even without impleading other parties—Death of the owner’s wife as a pillion rider constitutes death of a third party; the insurer remains liable under Sections 166 and 155 and cannot escape compensation liability—Section 50 does not create automatic transfer of ownership on the owner’s death; the statutory procedure for transfer must be followed—The death of the owner does not bar the survival of a cause of action against the insurer for compensation arising from the acci...

Constitution of India, 1950—Article 226; Compassionate Appointment—Policy, 2008—Clauses 3, 3.2, 13.1, 13.2, 13.3—Writ Petition—In cases of compassionate appointment, the object of the policy is to mitigate sudden financial distress caused by the death of the breadwinner; it does not confer a vested right and immediacy is key—Rejection on grounds of delay or prior grant to another family member is impermissible where the application was within the prescribed period; Clauses 13.1 and 13.2 are inapplicable if prior applications were cancelled—Clause 3.2’s seven-year limit is satisfied if the application is filed within that period—Clause 13.3 regarding character verification applies to others but not to the spouse, subject to later cancellation if found unsuitable—Authorities must d...

Companies Act, 1956—Winding Up—Claims of Creditors/Shareholders—Interest on Deposits—Companies (Court) Rules, 1959—Rules 156 & 179—Pari Passu Distribution—Proof of Debt—In winding-up proceedings, where no document evidences an agreed rate of interest on deposits, Rules 156 and 179 of the Companies (Court) Rules, 1959 restrict interest up to the date of winding up and prohibit allowance beyond the prescribed limit—The Official Liquidator rightly awarded interest at 1.5% per annum, relying on a Board Resolution fixing such rate, and rejected the claim for 12% interest, the fixation having remained unchallenged earlier—Upon passing of a winding-up order, creditors acquire a right to pari passu distribution of assets, and no new or incomplete rights can be created or perfected th...

Service Law—Suspension Pending Enquiry—Suspension is an interim administrative measure, not punishment, intended to ensure free and fair departmental enquiry and prevent tampering with evidence or misuse of official position—Where a detailed show-cause notice enumerates grave allegations and affords reasonable time to reply, the requirement of natural justice (audi alteram partem) is satisfied; deliberate inaction by the employee does not vitiate the process—High Court under Article 226 cannot probe the truth of charges or conduct a mini-trial; interference is limited to cases of mala fide, arbitrariness, or ulterior purpose—Suspension and appellate orders must be reasoned, recording allegations, opportunity given, and statutory provisions invoked—Allegations of bias require specific proof; bald or vagu...

A. M.P. Municipal Corporation Act, 1956—Ss. 441-F(2), 441, 441-B, 441-D, 441-H—Setting aside election of Councillor—Disqualification for non-disclosure/false information in nomination affidavit—The trial court erred in setting aside the election based on assumptions or conjectures about potential tax arrears if municipal records were updated, rather than on proof of existing arrears or substantial non-compliance—The finding of disqualification under Section 17(1)(i) was held perverse and illegal, as no outstanding bill due or payable for a period exceeding one year was proved against the returned candidate at the time of filing the nomination. (Paras 19, 74, 92, 93) B. M.P. Municipal Corporation Act, 1956—S. 17(1)(i)—Disqualification of candidate—Tax arrears—Disqualification under S...

Tender and Government Contracts—Cancellation of Bid, Authority of Expert Committee, Public Interest, and Grounds for Rejection—Lowest or highest bidder (L-1) has no vested right to award; tendering authority may annul bidding and reject all bids prior to contract award, provided reasons are recorded, particularly in public interest (Paras 4, 10, 11)—Cancellation by State Level Technical Committee (SLTC) justified where only two bidders qualified financially and quotes were significantly higher (16.92% and 22.99%) than probable cost, warranting fresh tender to ensure competition and optimal pricing; absence of mala fide action precludes court interference (Paras 9, 18)—Expert committee constituted under Central Government guidelines (AMRUT 2.0) empowered to approve or cancel bids; decision within delegated authority...

CPC—Order 39 Rules 1 & 2—Temporary Injunction—Article 227 Constitution of India—Challenge to Appellate Order—Marital Status—Void Marriage under Section 11 read with Section 5(i), Hindu Marriage Act, 1955—Fraud, Daan Patra, Affidavit by First Wife—No Legal Right to Represent as Wife—Held: Where the respondent’s valid subsisting marriage is undisputed, any subsequent marriage ceremony performed during the subsistence of that marriage is void ab initio—A woman claiming marital status on the basis of a void marriage acquires no prima facie legal right to represent herself as the respondent's wife—Documents such as a ‘Daan Patra’ by the respondent’s father or an affidavit by the legally wedded wife expressing “no objection” cannot lega...

Public Interest Litigation—Abuse of PIL Jurisdiction—Maintainability—Repeated Petitions for Same Relief—Personal Motive and Private Dispute Disguised as PIL—Exemplary Costs—Held: A Public Interest Litigation seeking registration of FIR was not maintainable where the issue pertained to a private dispute, already pursued by the affected individual in earlier writ proceedings which were withdrawn upon compromise—Filing a second PIL through the same counsel, after withdrawal of the first PIL on identical facts, amounted to clear abuse of the PIL mechanism—The petitioner’s conduct, including social media posts indicating personal animosity, demonstrated oblique motives and absence of bona fide public interest—Relying on State of Uttaranchal v. Balwant Singh Chaufal (2010) 3 SCC 402, S...