compensation Archives

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)

Case Briefs High Courts

MP HC | Not entitled to keep the amount of compensation paid the State government in the event of a false rape case; Court allows bail

Madhya Pradesh High Court: Vivek Agarwal, J. deciding a second bail application filed by the applicant in connection with Crime under Sections

Case Briefs Supreme Court

SC finds Kerala Govt’s failure to compensate 3700 Endosulfan victims for 5 years appalling; says “without health, the faculties of living have little meaning”

Supreme Court: In the issue relating to the use of a toxic pesticide called Endosulfan leading to a spread of mental and

Case Briefs High Courts

[ID Act] Kar HC | Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power

Karnataka High Court: K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fine of Rs 41.21 Crores imposed on a Government Corporation for excess mining and violation of conditions of Environmental Clearance: NGT issues 10 directions || If no fine, would rule of law be impacted? Read

National Green Tribunal (NGT), Southern Zone, Chennai: While imposing a fine of Rs 41.21 crores on Singareni Collieries Company Limited, for violation

Case Briefs Supreme Court

Land Acquisition| Can market value be determined retrospectively based on the market value of land acquired two years later? SC answers

Supreme Court: In a case where the Court was posed with the question as to whether determination of market value subsequent to

Case Briefs Supreme Court

‘Can’t allow mass absorption of over 11,000 workers based on a flawed Report’. SC forms new Committee to put an end to the long drawn LIC versus temporary employees battle

Supreme court: In a long ongoing battle between Life Insurance Corporation of India (LIC) and its temporary/badli/part-time employees over claim for absorption,

Case Briefs High Courts

For determining land acquisition compensation, market value, if any, specified in Stamp Act for registration of Sale Deed and/or Agreement of Sale has to be considered: Bom HC

Bombay High Court: The Division Bench of S.V. Gangapurwala and Vinay Joshi, JJ., expressed that only because 83% of the property for

Case Briefs High Courts

Ori HC | Writ Court cannot pronounce on a legal right of petitioner who is a consumer for wrongful disconnection of electricity to receive compensation

Orissa High Court: Narendra Kumar Vyas, J., directed the petitioner to approach Civil Court as the writ court cannot pronounce the legal

Case Briefs High Courts

[Motor Accident Case] Determination of a just compensation cannot be equated to be a bonanza: Bom HC

Bombay High Court: Addressing a dispute with regard to the percentage of permanent disability and determination of compensation, Shrikant D. Kulkarni, J.,

Case Briefs Supreme Court

2006 Meerut Fire Tragedy| Organizers held guilty! 60:40 liability to compensate victims fixed on Organizers & State: SC

Supreme Court: In the 2006 Meerut fire case, the bench of Hemant Gupta and V. Ramasubramanian, JJ has held the Organizers responsible

Case Briefs Supreme Court

Husband suspects paternity of child; Supreme Court allows DNA test while granting conditional compensation of 30 lakhs to wife if suspicion proves to be wrong

Supreme Court: In a case where the husband had disputed paternity of child on suspicion, though the Division Bench comprising of Indira

Case Briefs Supreme Court

“State cannot hide behind delay & laches to evade it’s responsibility after acquiring land. There cannot be a ‘limitation’ to doing justice”, holds SC; Land Owners get compensated after decades

Supreme Court: In a case where the bench of S. Ravindra Bhat* and PS Narsimha, JJ was posed with the question as

Case Briefs Supreme Court

Consent award cannot be the basis to determine compensation in other acquisition, especially, when there are other evidences on record: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna , JJ has held that a consent award cannot be the basis

Case Briefs High Courts

P&H HC | Entitlement to compensation on general principles for inordinate delay in receiving monies due; Interest on refund of excise duty granted

Punjab and Haryana High Court: The Division Bench of Ajay Tewari and Pankaj Jain, JJ., contemplated the appeal where the interest on

Case Briefs Supreme Court

Supreme Court fixes outer limit for claiming COVID-19 death compensation; Claims to be filed within 90 days from now on

Supreme Court: Considering the submissions by Solicitor General Tushar Mehta on fixing an outer limit on fixing claims for compensation in case

Case Briefs Supreme Court

Explained| Compensation under Section 4 of Employee’s Compensation Act, 1923 to be awarded from the date of accident or the date of Commissioner’s order?

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that as per Section 4A of the Employee’s Compensation

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will Tax deducted at source be attracted on compensation awarded under Consumer Protection Act “in the form of simple interest”? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dinesh Singh (Presiding Member) and Justice Karuna Nand Bajpayee (Member) expressed that in

Case Briefs High Courts

Compensation payable under Ss. 73, 74 and 75 are only for loss or damage caused by breach or inclusive of mere act of breach as well? Ker HC explains

Kerala High Court: The Division Bench of P.B. Suresh Kumar and C.S. Sudha, JJ., expressed that, “…compensation payable under Sections 73, 74

High Court Round Up Legal RoundUp

82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022

82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to