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Supreme Court rules a 1957 registered sale deed is not void under pre-1982 UPZA & LR Act, restores appellants’ revenue entries, and clarifies Section 154
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.
INC candidate Meenakshi Natarajan’s Rajya Sabha nomination from Madhya Pradesh was rejected for non-disclosure of a pending criminal case in her Form 26 affidavit. The Supreme Court declined to examine the merits, holding that the constitutional bar under Article 329(b) admits no exception for cases involving manifest illegality.
Supreme Court upheld the conviction of the husband under Sections 302 and 498-A IPC in a dowry death case, rejecting the claim of suicide. The Court held that medical evidence showed a case of homicidal hanging, supported by ante-mortem injuries and absence of typical ligature marks not suicide.
Noting that hospitals allotted government land in Delhi were not diligently complying with directions to provide free treatment to economically weaker sections, the Supreme Court directed a joint meeting of government departments, land agencies, hospitals, and the Amici Curiae to prepare an effective SOP for enforcement.
“The requirement that the place must be one “within public view” can be said to be substantiating the other elements of the offence under the SC/ST Act. It is therefore a sine qua non for making out the offence under the SC/ST Act.”
The Court noted that the Panchayat had allowed administrative arrangements to continue for years without challenge, which militated against granting declaratory relief.
A perpetual lease executed in 1945 eventually led to a dispute spanning over 3 decades, revolving primarily over the legal character and appropriate law governing this lease.
“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”
“The SC/ST Act serves as a crucial legal framework to protect the rights and dignity of Scheduled Castes and Scheduled Tribes in India, ensuring stringent measures against offences of atrocities and promoting their welfare and security.”
“The least that is expected of a State in a democracy is that it honours its obligations and commitments, arising from a legislation or judicial decisions, for such obligations are not discretionary in any way, shape or form.”
“A separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete.”
“Scientific procedures, however advanced, cannot be employed as instruments of speculation; they must be anchored in demonstrable relevance to the charge and justified by compelling investigative need.”
To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.
In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
Justice Prashant Kumar Mishra, who started his legal career from the District Courts and then High Courts of Madhya Pradesh and Chhattisgarh, was appointed as Supreme Court Judge on 18-5-2023.
“This Court is repeatedly confronted with similar matters wherein proceedings are kept pending in the High Court for more than three months, in some cases for more than six months or years wherein judgments are not delivered after hearing the matter.”
The right to close down a business is an essential part of the fundamental right to carry on any occupation, trade or business under Article 19(1)(g) of the Constitution.
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.