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Motor vehicles law

THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE versus K.K. UMESH KUMAR & ORS.

The Supreme Court held that a falling tree branch on a stationary autorickshaw did not support Section 166 liability under the Motor Vehicles Act, but enhanced compensation under Article 142.

  • Compensation
  • Claims under section 166 of the motor vehicles act, 1988
  • Accident arising out of use of motor vehicle
  • Act of god / natural calamity
  • Apportionment of liability
  • Article 142 of the constitution of india
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Criminal law

DR. RAMESH versus STATE OF MAHARASHTRA & ANR.

The Supreme Court upheld cognizance under the PCPNDT Act, holding that the District Civil Surgeon was the appropriate authority and Form F lapses raised triable issues.

  • Pre-natal diagnostic techniques (prohibition of sex selection) act, 1994
  • Search and seizure
  • Cognizance
  • Form f record maintenance
  • Appropriate authority
  • Sex selection and female foeticide
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Criminal law

THE STATE OF MADHYA PRADESH versus RAVI SHANKAR SINGH & ORS.

The Supreme Court set aside High Court directions requiring trial courts to examine the sanctioning authority before framing charge in PC Act cases.

  • Power of high court under article 226
  • Section 311 crpc
  • Sanction for prosecution under prevention of corruption act, 1988
  • Procedure before framing charge
  • Directions to trial courts
  • Section-311-crpc
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Constitutional law

BAKSISH AHMAD versus UNION OF INDIA & ANR.

The Supreme Court held that the Delhi High Court could entertain a BSF member’s writ petition under Article 226(1) and that forum non conveniens was misapplied.

  • Article 226 territorial jurisdiction
  • Forum non conveniens
  • Bsf dismissal from service
  • Capf service termination
  • Writ petition maintainability
  • Article-226-territorial-jurisdiction
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Arbitration law

NATIONAL HIGHWAY AUTHORITY OF INDIA versus T. YOUNIS & ANR.

The Supreme Court held that limitation under Section 34(3) of the Arbitration and Conciliation Act runs from disposal of a Section 33 request, not the original award.

  • Section 33 application
  • Section 34 limitation
  • Commencement of limitation
  • Condonation of delay
  • Compensation under national highways act, 1956
  • Arbitration-law
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Constitutional law

KULSUM NISHA versus STATE OF U.P. & ORS.

Supreme Court held that excluding a married daughter from a dependent quota for fair price shop allotment was arbitrary and unconstitutional.

  • Equal protection
  • Non-discrimination
  • Purposive construction
  • Compassionate allotment of fair price shop
  • Definition of family
  • Married daughter
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Family law

SONAL TALPADA versus VEERBHAN SINGH

The Supreme Court upheld a divorce decree, holding that denial of conjugal relations and prolonged separation amounted to cruelty, and dissolved the marriage under Article 142.

  • Divorce
  • Cruelty
  • Desertion
  • Irretrievable breakdown of marriage
  • Article 142 of the constitution of india
  • Mental cruelty
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Criminal law

STATE OF PUNJAB versus BALRAJ SINGH @ BILLA

The Supreme Court set aside bail in an NDPS case, holding that the High Court failed to apply Section 37’s twin conditions for a commercial-quantity recovery.

  • Regular bail
  • Commercial quantity
  • Section 37 ndps act
  • Custody period
  • Criminal antecedents
  • Appellate interference with bail order
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Property law

DARUBAI & ANR. versus KAMALABAI & ORS.

Supreme Court held that heirs under Section 8 of the Hindu Succession Act take as tenants-in-common with separate shares, so karta-based legal necessity did not apply.

  • Partition
  • Possession
  • Joint tenancy
  • Tenancy-in-common
  • Rule of survivorship
  • Section 8 of the hindu succession act, 1956
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