Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from the person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment without premeditation when appellant was in a state of inebriation due to quarrel between appellant and his wife - Death of deceased was caused by a single fatal injury on head caused due to blunt impact - No weapon explaining injury seized - Deceased was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Grant of compensation for loss of future income is a distinct head from one under which compensation is granted for permanent disability - Fact that claimant suffered 100% permanent disability and was living in a vegetative state, High Court was not justified in setting aside grant of..........
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4 -- Acquisition of land - There was an invisible power acting behind the Society and the SRA is further evident from the fact that in some of its initial filings for the acquisition proposal - The High Court has also recognized such fraudulent acts of the developer painting a stark..........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Non-substitution of LRs - Information about death of opposite party No.1 was given way back in 2021 but till date no application for substitution has been filed by petitioners/State - Considering the lapse of more than 4-1/2 years from date of information and also considering the fact that even..........
Service -- State being a constitutional employer is held to a higher standard and therefore it must organise its perennial workers on a sanctioned footing, create a budget for lawful engagement and implement judicial directions in letter and spirit - Delay to follow these obligations is not mere negligence but rather it is a conscious method of denial that erodes..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in same category as a non-earning individual for purposes of assessing amount of compensation because child was not engaged in gainful employment at the time of accident - In such a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Direction issued that: When a Tribunal or High Court in appeal, is concerned with case involving a child having suffered injury or having passed away, calculation of loss of income necessarily has to be made on matric of minimum wages payable to a skilled worker in respective State..........
State Financial Corporation Act, 1951, Section 29, Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,1993, Micro, Small and Medium Enterprises Development Act,2006 -- Maintainability of Suit - The trial Court however, without analyzing the scope and applicability of the S.F.C. Act, 1951, the requirement of mandatory notice under Section..........
