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The Court observed ITRs are statutory documents when it comes to assessing one’s income, for the purposes of compensation under the MV Act. Hence, it issued the Guidelines for annual income assessment after effectively making a bifurcation between salaried individuals and self-employed individuals.
The Court held that an error in taking cognizance under an incorrect statutory provision does not necessarily vitiate criminal proceedings. Under Section 465 CrPC, such an irregularity may be cured unless it results in a failure of justice or causes prejudice to the accused.
The Court held that where a three-Judge Bench has recognised an earlier materially identical policy as an exercise of Article 161 power, a contrary coordinate Bench decision treating the later identical policy as statutory is per incuriam.
Supreme Court has held that a compromise under Order 23 Rule 3 CPC must be signed by the parties or a duly authorised representative, and that an advocate cannot bind a client to a compromise affecting valuable property rights solely on implied authority
Supreme Court clarified that compassionate appointment and compassionate financial assistance are distinct benefits under the Haryana Compassionate Assistance Rules, 2019, and held that Rule 23(1) cannot be invoked to defer a claim for compassionate appointment during the pendency of criminal proceedings.
A man who had owned land since childhood under a 1960 deed was nearly stripped of his entire property through a doctrine designed to prevent re-litigation, the Supreme Court stepped in, holding that constructive res judicata cannot be used to produce harsh or inequitable consequences.
The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.
Holding that wilful abstention from inquiry after receiving a court notice attracts constructive notice, the Supreme Court ruled the respondents’ 2022 revocation application hopelessly time-barred under Art. 137, Limitation Act, and restored the Single Judge’s dismissal order.
The Court clarified that the guidelines issued herein are not intended to be understood as exhaustive or inflexible guidelines to be applied mechanically in every case. The determination of such application was left to the sound discretion of the Court concerned, to be exercised on a case-to-case basis.
The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.
The present case is an unfortunate occasion where despite repeatedly knocking the doors of the Courts below, there had been an inordinate delay of nearly two decades in the investigation of a criminal complaint.
The Court held that guardian’s consent does not replace Court’s independent duty to assess whether transaction serves minor’s best interests.
The Supreme Court settled the law but not before cataloguing a striking number of contradictory judgments from the same High Courts, sometimes by benches of equal strength, on the same point of law.
“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
“In India, the concept of legal aid is closely tied to the vision expressed in the Preamble of the Constitution, which promises justice be it social, economic, and/or political, along with equality of status and opportunity, and affirms the secular character of the State.”
“Despite the passage of time, a large number of allottees have neither received possession nor refund. Even in cases where settlement agreements have been executed, the terms thereof have not been fulfilled.”
To ensure strict compliance with the mandate on non-disclosure of rape victims’ identities, the Court further directed that a copy of this judgment be sent to all High Courts that the proscription in Section 228-A IPC is followed strictly.
‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’
“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”