Supreme Court Weekly Round-Up: Aug 28- 3rd Sept

Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based on their social status. The Court emphasized that even in the absence of concrete proof of income, the notional income should be taken into account, especially when the claimants are dependents of the deceased.Supreme Court Asks UP Power Discom To Pay Over Rs 10 Lakhs As Backwages To Workman; Imposes Cost Of Rs 2 LakhsCase title: Phool Mohd. v. Executive Engineer, Electricity Urban Distribution, Dakshinanchal Vidyut Vitran Nigam LimitedCitation: SLP(C) No. 004268 - / 2022The Supreme Court on Monday(August 28) imposed a cost of 2 lakh on the Dakshinanchal Vidyut Vitran Nigam Limited (a state undertaking distributing electricity power in Uttar Pradesh) while dismissing its challenge to a Labour Court award passed for paying salary arrears to a workman.The Court directed the corporation to pay the workman a sum of Rs.10,54,311/- towards salary arrears from 22.12.1995 till 21.09.2006 along with 11% interest till the date of payment. Further, the Corporation was asked to pay a cost of Rs 2 lakhs.Self-Respect Marriages Don't Require Public Solemnisation Or Declaration: Supreme Court Overrules Madras HC JudgmentCase title: Ilvarasan v. Superintendent of PoliceCitation: SLP(Crl) No. 006534 - / 2023Upholding the fundamental right of a person to choose a life partner, the Supreme Court on Monday (August 28) overruled a Madras High Court judgment which held that the marriages performed in the offices of the Advocates are not valid as per the Hindu Marriage Act 1955.Section 307 IPC | Conviction For Attempt To Murder Can Be Sustained Even If Injuries To Complainant Were Very Simple In Nature: Supreme CourtCase title: S K Khaja v. State of MaharashtraCitation: 2023 LiveLaw (SC) 715The Supreme Court observed that a conviction of an accused under Section 307 IPC (attempt to murder) can be sustained even if the injuries sustained by the complainant were very simple in nature.What is important is an intention coupled with the overt act committed by the appellant/accused, the bench of Justices Bela M. Trivedi and Dipankar Datta said.In Disciplinary Proceeding, Burden Of Proof Depends On Nature Of Charge And Explanation Put Forward By Employee: Supreme CourtCase title: State Bank of India v. A.G.D. ReddyCitation: 2023 LiveLaw (SC) 719The Supreme Court recently held that the burden of proof in disciplinary proceedings depends on the specific nature of the charge leveled against the respondent and the explanation they provide.It observed “It is well settled that, in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of the explanation put forward by the respondent. In a given case, the burden may be shifted to the respondent depending upon the explanation”Adverse Remarks Against Public Officials Should Not Be Passed Unless Absolutely Necessary: Supreme CourtCase title: State of Punjab vs Shika Trading Co.Citation: 2023 LiveLaw (SC) 721 The Supreme Court observed the adverse remarks should not be passed against public officials unless absolutely necessary."Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve.", the bench of Justices Abhay S. Oka and Sanjay Karol observed.Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14: Supreme CourtCase: M Sivadasan (Dead) through LRs v. A.Soudamini (Dead) through LRs and othersCitation: 2023INSC774The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.Section 14 states that the property of a female Hindu will be her absolute property. "Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner", Section 14(1) says.Basic Wage’ Under EPF Act, Cannot Be Equated With ‘Minimum Wage’ Under Minimum Wages Act: Supreme CourtCase Title: Assistant Provident Fund Commissioner V. M/S G4s Security Services (India) Ltd. & Anr.Citation: 2023 LiveLaw (SC) 722The Supreme dismissed an appeal by the Assistant Provident Fund Commissioner against an order of a division bench of the Punjab and Haryana High Court holding that when the term ‘basic wage’ has been described under Section 2(b) of the Employee Provident Fund Act 1952, there is no need to make a reference to definition of ‘minimum rate of wages’ under Section 4 of the Minimum Wages Act, 1948 to give it a more...

Supreme Court Weekly Round-Up: Aug 28- 3rd Sept

Suraj Parmar

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