Motor Accident Compensation – Enhancement of Income – Application of Minimum Wage Notification – Future Prospects and Deduction Adjusted – Compensation Enhanced - Tribunal treated the deceased, a building material shop owner, as a casual labourer due to absence of income proof and applied minimum wage of ₹6,000/- – Court held that minimum wage applicable at the time...
Motor Accident – Rash and Negligent Driving – Tribunal erred in dismissing the claim for non-examination of eyewitness – Accident proved through FIR, post-mortem report, and police investigation – Criminal acquittal of respondent No.1 not binding on Tribunal – Negligence proved on touchstone of preponderance of probabilities – Claimant entitled to compensation [...
Civil Law - Deemed Conveyance – Maintainability of Successive Applications – Bar of Res Judicata – The Competent Authority, in its earlier order dated 22.02.2021, directed the Respondent-Society to first resolve legal complications regarding ownership, leasehold rights, and validity of the lease before seeking deemed conveyance – Without resolving these foundational dispute...
Service Law - Departmental Proceedings – Quasi-Judicial Function – Judges Protection Act – Protection granted – Appellant acted in quasi-judicial capacity as Tehsildar under Section 57(2) of the MP Land Revenue Code – No allegations of mala fide, extraneous consideration, bribery, or corruption – Mere irregularity or erroneous decision without dishonest intent n...
Temporary Injunction – Right to Protest – Petitioner sought to restrain the respondent from staging protests within 200 metres of its bank premises – Trial court granted the injunction – Appellate court modified it, allowing protests within 50 metres – High Court upheld the modification to balance the fundamental rights of both parties.
Balancing Fundamen...
Civil Law – Mortgage by Conditional Sale – Redemption – Appellant filed a suit for redemption of mortgage and possession of land mortgaged by his father – Trial court and First Appellate Court dismissed the suit treating the document (Ex.P/1) as an absolute sale deed – High Court held that Ex.P/1 is a "Shartiya Farokhtnama" i.e., mortgage by conditional sale...
Land Acquisition – Apportionment Dispute – Collector’s Refusal to Refer Case – Quashed – Petitioner Claimed Share in Ancestral Property - The petitioner, asserting a claim through lineage from a common ancestor, challenged the Sub-Divisional Officer’s order disbursing ₹34 crore compensation without referring the apportionment dispute to the authority under Sec...
Land Acquisition – Belting Method – Improper Application – Belting principle applied by the Reference Court and affirmed by the High Court – Held: Inappropriate in the present case as no evidence proved distinct belts or potential for differential use within the acquired land – The entire land was homogeneous and similar in nature – Belting method discarded [Par...
Service Law – Approval of Charge-sheet – Applicability of Article 311(1) – Approval Held Not Mandatory – The High Court quashed the dismissal order on the ground that the charge-sheet was not approved by the Chief Minister – The Supreme Court held that Rule 55 of the 1930 Rules did not require approval of the charge-sheet by the appointing authority – Further he...
Customs Law – Classification of Imported Goods – Confiscation and Penalty – Appellants imported goods claiming them as Base Oil under CTH 27101960 – Customs Authorities classified the goods as High-Speed Diesel (HSD) under CTH 27101930, a prohibited item for private import, leading to confiscation and penalties – Customs Classification – Incomplete Compliance wi...