Motor Vehicles Act – Compensation – Just Compensation – Supreme Court held that the compensation determined under Section 168 of the Motor Vehicles Act must be fair, reasonable, and equitable – High Court's grant of compensation was inadequate – Enhanced compensation awarded [Paras 2, 8-12, 14-15].
Future Prospects – Income Assessment – Su...
Motor Vehicles Act – Compensation for Accident – High Court's reduction of compensation from Rs. 2,064,000/- to Rs. 1,134,136/- challenged – Supreme Court found High Court erred by not considering future prospects and reducing the interest rate – Adjusted notional income with a 40% rise for future prospects and a 1/3rd deduction for personal expenses – Compensatio...
Motor Vehicles Act – Compensation for Accident – High Court reduced compensation from Rs. 3,239,000/- to Rs. 1,970,000/- – Supreme Court found the reduction of the deceased's notional income from Rs. 17,500/- to Rs. 10,000/- erroneous – Adequate compensation recalculated considering documentary evidence, future prospects, and correct notional income – Compensation...
Promissory Estoppel – Doctrine of estoppel will not be applied against the State in its governmental public or sovereign capacity – Exception where it is necessary to prevent fraud or manifest injustice – Section 174(2)(c) of the CGST Act rescinds earlier tax exemptions – Estoppel cannot operate against legislative functions – Union not bound by 2003 O.M. due to statu...
Land Acquisition Act – Determination of Compensation – High Court erred in reducing compensation from Rs. 1000/- per square yard to Rs. 166/- to Rs. 200/- per square yard – Original Reference Court's assessment of Rs. 1000/- per square yard restored – State's failure to appeal earlier Reference Court judgment noted – Assessment of compensation based on sale de...
Medical Education – Provisional Admission – High Court's orders granting provisional admissions beyond the cut-off date are not legally sustainable – Strict adherence to the admission schedule is mandated – Admissions based on merit-cum-preference through NEET examination – Appeals allowed, High Court's orders quashed [Paras 20-27].
Admission Sche...
Rent and Tax Liability – Lease Agreement stipulated payment of rent, maintenance charges, and GST – Tenant defaulted on GST payment – Trial Court struck off tenant's defence under Section 13(6) – High Court upheld decision – Supreme Court set aside striking off defence after tenant deposited GST arrears – Clarified on whether non-payment of tax can justify s...
Second Appeal – Execution of Pronote – High Court interfered with concurrent findings of lower courts on execution of pronote – High Court set aside decrees on the ground of non-examination of attesting witness – Supreme Court found signature on pronote established by handwriting expert and execution by deed writer – High Court's interference unwarranted – P...
Land Acquisition – Section 17 Urgency Provisions – Compliance with Section 17(3A) mandatory for absolute vesting – Non-compliance with Section 17(3A) leads to lapsing of acquisition if award not made within two years – Compliance with Section 17(3A) and taking possession ensures vesting and avoids lapsing under Section 11A – Acquisition in present case deemed not to h...
Family Pension – Work-Charged Employee – Appellant's deceased husband was engaged as a Muster Roll employee and later appointed to the work-charged establishment – Deceased remained a work-charged employee until his demise – Work-charged employees not covered under M.P. Civil Services (Pension) Rules, 1976 – Board had adopted National Pension Scheme for work-charg...