Motor Vehicles Act – Notional Income – Fixation of notional income for non-earning members at Rs.15,000/- per annum is outdated and unjust – Supreme Court raises the notional income to Rs.25,000/- per annum considering inflation and cost of living – Compensation for death of a child aged 7 years reassessed at Rs.4,70,000/- including filial consortium and funeral expenses [P...
Environmental Law – Forest Clearance – Appellant challenged Stage-I Forest Clearances and sought remedy under Section 14 of the NGT Act – Tribunal dismissed the application, suggesting it should have been an appeal under Section 16 – Supreme Court held that the Tribunal was incorrect in its dismissal and allowed the appeal, remanding the case to the Tribunal [Paras 8-16].
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Administrative Law – Judicial Review – Selection of DGP – Challenge to the empanelment and selection process for the post of DGP in Punjab – Appellants alleged bias and arbitrary selection criteria – Supreme Court upheld the selection process as per the Draft Guidelines, confirming their legality and conformity with the principles laid down in Prakash Singh v. Union o...
Civil Appeal – Retirement Age – Medical Faculty
Appellants, members of teaching faculty in Homeopathic Medical Colleges in Kerala, appeal against High Court's denial of extension of retirement age from 55 to 60 years. High Court held the matter as a policy decision not open for judicial review. [Para 1-4]
Government Policy – Exclusion of Homeopathic Faculty
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Banking Law – Disciplinary Proceedings – Misconduct by Bank Manager – Respondent sanctioned advances in violation of Head Office instructions causing financial loss to the bank – Disciplinary action taken under Clause 22(ix)(a) of the Bank of Cochin Service Code – Respondent dismissed from service after inquiry – High Court quashed disciplinary proceedings citin...
Appeal – State of Punjab Against High Court's Directions - State of Punjab appeals against the High Court's order directing the initiation of criminal proceedings against an Assistant Excise and Taxation Commissioner (AETC) for allegedly taking a false defense in a case related to the sealing of a shop. The Supreme Court scrutinizes the basis of the High Court's directions....
Insurance Law – Repudiation of Claim – Appellant claimed non-disclosure of hydrology data by respondent – National Commission found no non-disclosure or fraud by respondent – Supreme Court upheld the Commission's decision, emphasizing that the appellant was aware of the previous year's insurance policy details and did not request additional data before issuing the p...
Contract Law – Time of Essence – Determination – Whether time is of the essence of a contract must be derived from the entire contract and surrounding circumstances – Merely having an explicit clause is insufficient – Extensions granted indicate time was not of the essence – Contract provided for extensions and imposition of liquidated damages, suggesting timely...
Insurance Law – Motor Insurance – Third-Party Coverage – Reimbursement of Medical Expenses – National Consumer Disputes Redressal Commission (NCDRC) disallowed indemnification of medical expenses incurred by the insured-appellant towards the treatment of an injured third-party in an accident – Supreme Court found exhibits (medical bills) on record supporting the medic...
Service Law – Appointment Validity – Appellants were appointed temporarily on leave vacancies and did not pass the speed test for Hindi Stenographers – High Court rightly quashed their appointments and upheld the termination of Respondent Nos. 1 to 3 who were selected through due process – Rule 14(3) validity of the select list was one year, expired on 13.07.1988 – No...