Tag: judgment analysis

Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death
11Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death

The Supreme Court clarified that in claims under Section 166 of the MV Act, a notional income for a deceased child need not be limited to the figures in Schedule II (for Section 163-A claims). It reinstated the Tribunal's calculation, confirming no deduction for personal expenses is required in such cases. Facts Of The Case: The case originated from a motor accident involving a 10-year-old boy who was fatally struck by a bus owned by the Tamil Nadu State Transport Corporation while he was cycling to school. The parents of the deceased child filed a claim petition before the Motor Accidents Claims Tribunal. The Tribunal, acknowledging the undisputed negligence of the bus driver, awarded a total compensation of ₹8,55,000. This calculation was based on attributing a notional monthly...
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Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist

The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC, ruling that the allegations contained specific details of dowry demands with dates and particulars, which prima facie disclosed offences under the Dowry Prohibition Act, 1961. The Court clarified that factual defences like misrepresentation are to be adjudicated at trial and cannot be grounds for quashing at the preliminary stage. Facts Of The Case: The case originated from an FIR lodged by the first appellant, Krishnakant Kwivedy, against the respondents for offences under the Dowry Prohibition Act, 1961. The complaint alleged that negotiations for the marriage between the second appellant (Kwivedy's daughter) and the fifth respondent broke down due to dowry demands. Specific allegations w...
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UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement
10Jun By The Legal ChamberNo Comments
Supreme Court

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

The Supreme Court quashed criminal proceedings under the UP Gangsters Act, emphasizing that a gang chart's approval requires independent application of mind by authorities and cannot be based solely on prior FIRs, especially without overt acts, violence, or economic gain. The judgment clarified the stringent conditions necessary for invoking the Act and upheld the importance of due process in such cases. Facts Of The Case: The case involved a criminal appeal against a High Court judgment that refused to quash proceedings initiated under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, against the appellant, Vinod Bihari Lal. The appellant was implicated in a "gang chart" based on previous FIRs. He sought to quash the proceedings and non-bailable warrants i...
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Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition

The Supreme Court, exercising judicial review over executive decisions, set aside the High Court's directive for village recognition in Nagaland. The Court emphasized adherence to customary laws and specific Office Memorandums requiring "No Objection Certificates" from ancestral villages. It remanded the matter for comprehensive consideration of objections, including those from the appellant, affirming that inter-district boundary disputes are irrelevant to village recognition. Facts Of The Case: This Supreme Court judgment stems from a dispute concerning the recognition of Kakiho Village in Nagaland. The core of the matter involved the application of existing government Office Memorandums (O.M.'s) dated March 22, 1996, and October 1, 2005, which outline criteria for village recognition...
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Assam Citizenship Battle Lost: Supreme Court Rules Draft NRC Doesn’t Erase Foreigner Declaration
30May By The Legal ChamberNo Comments
Supreme Court

Assam Citizenship Battle Lost: Supreme Court Rules Draft NRC Doesn’t Erase Foreigner Declaration

The Supreme Court dismissed the appeal, upholding two key legal principles. First, it affirmed that under Section 9 of the Foreigners Act, 1946, the burden lies entirely on the individual to prove Indian citizenship, and the lower courts' findings that this burden was not discharged were legally sound. Second, it ruled that inclusion of a person's name in the draft National Register of Citizens (NRC) does not automatically nullify or override a prior quasi-judicial declaration of foreigner status by a Foreigners Tribunal. This principle is mandated by Rule 4A(4) of the Citizenship Rules, 2003, read with Paragraph 3(2) of its Schedule, and affirmed by the precedent in Abdul Kuddus v. Union of India. The Tribunal's declaration thus remains valid and binding. Facts Of The Case: Rofiqul Hoqu...
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