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Motor vehicles law

RASHMIREKHA TRIPATHY AND ANR. versus THE BRANCH MANAGER (LEGAL CLAIMS), SRIRAM GENERAL INSURANCE COMPANY LIMITED AND ORS.

The Supreme Court held that income assessment under the Motor Vehicles Act depends on the claimant’s employment type, fixing a self-employed deceased’s income at Rs.14 lakh and modifying compensation.

  • Assessment of annual income
  • Income tax returns
  • Self-employed deceased
  • Just and fair compensation
  • Multiplier method
  • Future prospects
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Criminal law

PARVEEN KUMAR @ PARVEEN CHAUHAN versus STATE OF HARYANA & ORS.

The Supreme Court held that Haryana’s 2002 remission policy, framed under Article 161, was not displaced by the 2008 statutory policy under Section 432 CrPC.

  • Remission policy
  • Premature release of life convicts
  • Article 161 of the constitution of india
  • Section 432 crpc
  • Per incuriam
  • Judicial discipline
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Criminal procedure

CHANDRIKABEN KISHOR DAFDA versus STATE OF GUJARAT & ANR.

Supreme Court held that Rule 7A required disclosure of a candidate’s spouse’s properties too, and remanded the matter for fresh cognizance.

  • Cognizance order
  • Curable defect under section 465 crpc
  • Affidavit disclosure in municipal elections
  • Disclosure of spouse's properties
  • Interpretation of rule 7a of gujarat municipalities (conduct of elections) amendment rules 2005
  • False affidavit in electoral process
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Motor vehicle accident compensation

SHANKAR DUTT versus UNITED INDIA INSURANCE CO. LTD. AND OTHERS

The Supreme Court enhanced motor accident compensation for a 38-year-old carpenter who lost his right leg, holding his functional disability was 100%.

  • Just and fair compensation
  • Enhancement of compensation
  • Permanent disability
  • Functional disability
  • Loss of earning capacity
  • Future prospects
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Constitutional law

MANIYAR ILIYAZ @ SHAIK RIYAZ & ANR. versus P. AYYAPPAN & ORS.

The Supreme Court held that the right to walk on demarcated footpaths is a fundamental right and enhanced motor accident compensation awarded for a child’s death.

  • Fundamental right to walk
  • Right to demarcated footpaths
  • Correlative duty of authorities
  • Motor accident compensation
  • Reduction of compensation
  • Restitutionary remedy
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Information law

SPECIAL POLICE ESTABLISHMENT versus KAMTA PRASAD MISHRA AND OTHERS

The Supreme Court held that the Madhya Pradesh SPE is not an “intelligence and security” organisation under the RTI Act, so the 25.08.2011 exemption was invalid.

  • Right to information act, 2005
  • Section 24(4) exemption
  • Section 8(1)(h) disclosure exemption
  • Validity of subordinate legislation
  • Special police establishment
  • Lokayukt organisation
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Service law

SUREKHA DOMAJI BELE versus EXECUTIVE ENGINEER, TESTING DIVISION, MSEDCL

The Supreme Court set aside a dismissal as disproportionate, held a fresh punishment notice was required after de novo labour-court findings, and sustained the misconduct finding.

  • Dismissal from service
  • Competent disciplinary authority
  • Fresh show-cause notice
  • Subsistence allowance
  • Suspension as punishment
  • Proportionality of punishment
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Civil procedure

MAKARDHWAJ RAM versus JAGDISH RAI (DEAD) TH. LRS. & ANR.

Supreme Court held that the suit was not barred by constructive res judicata and restored the concurrent findings in the appellant’s favour.

  • Constructive res judicata
  • Section 11 cpc
  • Declaration of title and possession
  • Mutation of revenue records
  • Sale deed cancellation
  • Inter-family property dispute
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.