Constitutional Law – Right to Dignity – Article 21 of the Constitution guarantees the right to dignity and fair treatment to a living person and also extends this right to their body after death – Supreme Court emphasized that this right includes treating the body with respect and allowing family members to perform last rites according to religious traditions [Paras 36, 54].
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Medical Negligence – Reduction of Compensation – National Commission enhanced the compensation from Rs. 1 lakh awarded by the District Forum to Rs. 10 lakhs – Supreme Court found enhancement unjustified in absence of appeal or revision by the complainant – National Commission did not exercise suo moto revisional power properly – Supreme Court reduced the enhanced comp...
Motor Vehicles Act - Compensation for Death and Injuries - Appeal Against Tribunal Award -Appeal under Sections 166 and 173 of the Motor Vehicles Act—Petitioner insurance company challenged compensation awarded for the death of Hitesh @ Monu and injuries to Kamal in an accident—Argument of false involvement of tractor due to absence of its registration number in FIR dismissed—Dri...
Civil Procedure – Injunction – Prima Facie Case – Plaintiff’s suit withdrawn without permission to file afresh. Demarcation by revenue officials found no encroachment. Held, no prima facie case or irreparable loss established by the petitioner. Petition dismissed. [Paras 1-6]
Previous Suit Withdrawal – No Permission to Refile – Earlier suit was with...
Consumer Law – Unfair Trade Practice – Non-delivery of a new car booked and paid for in full constitutes unfair trade practice and dishonesty – District Forum and State Commission's directions to deliver a new car were justified – National Commission erred in reversing these findings [Paras 1-8].
Revisional Jurisdiction – Scope and Limitations –...
Criminal Law – Dishonestly Receiving Stolen Property – Appeal – Conviction under Section 411 IPC requires proof that the accused had knowledge or reason to believe that the property was stolen – Supreme Court found that the prosecution failed to establish that the appellant had such knowledge – Conviction based solely on the possession of stolen goods and selling them...
Succession Law – Faridkot Royal Family Property Dispute – Appellants and respondents contested the succession to the estate of Raja Harinder Singh – Main issues included the applicability of the Raja of Faridkot's Estate Act, the Rule of Primogeniture, and the validity of the Third Will dated June 01, 1982 – Supreme Court upheld the High Court's judgment, ruling tha...
Motor Accident – Serious Injuries – Compensation Enhancement – Appellant sustained severe injuries resulting in 68% permanent disability (assessed by High Court as 100%) – Tribunal awarded compensation under various heads, including Rs. 50,000/- for pain and suffering – High Court enhanced compensation for future economic loss, considering claimant's income at Rs....
Motor Vehicles Act – Liability of Insurance Company – Two Driving Licenses – Appeal against liability based on the driver holding two licenses. Held, merely holding two licenses does not invalidate either unless proven fake. Both licenses issued to the driver were valid on the date of the accident, hence, the insurance company remains liable. [Paras 1-8]
Residency Re...
Motor Vehicles Act – Validity of Driver’s License – Absence of Endorsement for Hazardous Goods – Appeal by insurance company against liability due to the driver's lack of endorsement for hazardous goods on the driving license. Held, absence of necessary endorsement amounts to a fundamental breach of the insurance policy, absolving the insurance company of liability. The...