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In a custodial death case, the Court directed the CBI to register an FIR and investigate the custodial violence, while directing the State of Chhattisgarh to pay ₹25 lakhs as interim compensation to the deceased’s legal heirs
Supreme Court has ruled that appeals under Section 54, Land Acquisition Act challenging statutory benefits such as solatium, additional amount and statutory interest attract ad valorem court fee, holding that these benefits form an inseparable part of compensation.
The Court held that a comprehensive maintenance contractor owes a heightened duty of care and where it is aware of a defect and fails to implement the necessary remedial measures or ensure safe operation, it is guilty of deficiency in service.
Supreme Court awarded ₹15 lakhs compensation to the widow of a man who died after a stray bull attack, holding that relegating the claimants to a civil suit after nearly 2 decades would leave them “remediless”.
“The Court held that the salary certificate and pay slip, corroborated by the oral testimony of the dependants and co-workers, constitute reliable and corroborative proof of the income of the deceased and cannot be rejected merely on the ground that the author of such documents was not examined.”
Police entered a woman’s bedroom without a woman constable, seized her mobile phone without a seizure panchnama, and recorded no grounds in the case diary. Bombay HC holds both the search under Section 185 and the seizure under Section 105 of the BNSS violated mandatory procedure and Article 21 of the Constitution.
The Supreme Court held that courts must ensure just compensation even where a legitimate conventional head has been omitted by the courts below. Correcting such an omission, it enhanced the MACT award by granting ₹40,000 each towards filial consortium to the parents of the deceased.
The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.
Karnataka high court enhanced the compensation by ₹89,140. The Court must consider the loss of amenities, future earnings in motor accident claims especially when the accident left the petitioner disabled.
“We have no doubt in our mind that this is one of those gravest forms of negligence that is rarely witnessed for a judicial approximation before courts and tribunals.”
The Supreme Court based the standardisation of prosthetic limb compensation on 5-year replacement cycle and 70-year lifespan.
“Offences such as criminal trespass and house trespass are offences against possession and not against ownership. Therefore, even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offence.”
“Merely because an employee holding a valid pass fails to mention details himself, it cannot be held that he was travelling without a valid pass.”
“The dishonour was not due to insufficiency of funds but due to technical problems in the aftermath of the floods.”
“It is well-settled that the reinstatement should be the rule when the order of wrongful dismissal of termination of service was set aside, and the compensation should be an exception.”
“The purpose behind directing to deposit as enumerated under Section 148 of the NI Act in appeal is at least to recover plausible compensation amount to provide some relief so as to save his business.”
“The claimant stated that he incurred heavy medical expenses and suffered disability, resulting in a downgrade from B-1 to C-1 position and a monthly income loss of Rs 7,000, and therefore sought enhancement through a cross-objection.”
“Consideration out of surrender of tenancy right on account of immovable property cannot be considered as service as per definition under Section 65-B(44) of the Finance Act, 1994 and no service tax is payable.”
A settlement of dispute is clearly not an agreement to tolerate any act or situation. It is beyond the scope of Section 66-E(e) of the Finance Act, 1994 and thus not a ‘declared service’.
Catch up with the important Service Law cases across various High Courts and the Supreme Court as well as the legislative updates.