Succession Law – Right of Survivorship – Applicability to Scheduled Tribes – Section 2(2) of the Hindu Succession Act – The Supreme Court held that under Section 2(2) of the Hindu Succession Act, the Act is not applicable to members of Scheduled Tribes – Consequently, the female member of a Scheduled Tribe is excluded from claiming a right of survivorship under the pr...
Motor Vehicles – Compensation for Death – Determination of Income – In motor accident claims, the standard of proof is based on the preponderance of probability, not the strict criminal standard – The Supreme Court held that the High Court erred in rejecting the deceased's salary certificate and pay slip – The documents were corroborated by the testimony of the de...
Land Acquisition – Lapse of Acquisition Proceedings – Section 24(2) of the 2013 Act – The Supreme Court held that the High Court's decision declaring the acquisition proceedings lapsed based on the non-payment of compensation is unsustainable – The decision in Pune Municipal Corporation v. Harakchand Misirimal Solanki, relied upon by the High Court, was overruled by the...
Employees Compensation – Enhancement of Compensation – 100% Functional Disability – The Supreme Court held that the appellant, who suffered severe injuries resulting in permanent disability, is entitled to compensation calculated based on 100% functional disability – The Commissioner for Workmen's Compensation erred in assessing the disability at 20% – Considering...
Land Acquisition – Lapse of Acquisition Proceedings – Section 24(2) of the 2013 Act – The Supreme Court held that the High Court's decision declaring the acquisition proceedings lapsed solely on the ground that compensation was not actually paid is unsustainable – The Constitution Bench decision in Indore Development Authority v. Manoharlal clarified that non-deposit of...
Execution of Decree – Interest on Decretal Amount – Appellant deposited the decretal amount in court without giving notice to the decree holder – High Court held decree holder entitled to interest on the amount deposited until the appeal's decision – Supreme Court found that interest ceases when the deposited amount is credited in the decree holder's account, regard...
Civil Law - Presumption of Truthfulness in Revenue Records – Appeal against the First Appellate Court's judgment – Plaintiff-respondent's suit for permanent injunction was initially dismissed by the Trial Court, but decreed by the First Appellate Court on the basis of presumption attached to jamabandi entries – High Court found that presumption of correctness attached to ...
Service Law – Reinstatement and Consequential Benefits – Respondent appointed as untrained teacher in 1971, relieved in 1973 to undergo training, and not permitted to resume duties in 1974 due to lack of BTC certificate – Made representations over decades without approaching judicial forum until 2009 via RTI – High Court ordered reinstatement with benefits after Tribunal di...
Criminal Procedure - Second Revision Petition - Inherent Powers of High Court – Held, the petition under Section 482 Cr.P.C. amounts to a second revision petition disguised as a petition under Section 482 Cr.P.C. Section 397(3) Cr.P.C. bars a second revision to prevent frivolous litigation. The High Court's inherent power should be exercised sparingly to avoid needless multiplicity of pr...
Senior Citizens Act – Section 23 – Void Transfers – Sub-section (1) of Section 23 covers all transfers "by way of gift or otherwise" – Conditions: transfer must be subject to condition of providing basic amenities to transferor, and transferee must refuse or fail to provide such amenities – Both conditions must be fulfilled for the transfer to be voidable &n...