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Motor Accident Claims | Duty Of Court To Assess Fair Compensation Not Limited By Claimant's Rough Calculation: Supreme Court
The Supreme Court on October 15 held that the amount of compensation claimed is not a bar to the Motor Accident Claims Tribunal and High Court awarding more than what is claimed, provided it is found to be "just and reasonable."It added that the court has a duty to calculate fair compensation, as held in Meena Devi vs. Nunu Chand Mahto (2022)."It is a settled proportion of law, that the amount...
Calcutta High Court Sets Aside Prohibitory Orders, Allows Junior Doctors To Stage Protest Near 'Durga Puja Carnival'
The Calcutta High Court has set aside prohibitory orders imposed under sections 163 (1) and (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by the commissioner of police, Kolkata These orders were imposed to prevent the assembly of junior doctors, from protesting the brutal rape and murder of a trainee doctor at RG Kar medical college and Hospital, near the area where the...
Supreme Court Affirms Bail Granted To Kashmir Journalist Fahad Shah, But Holds HC Judgment On UAPA Wrong
The Supreme Court on Monday (October 14) declared as bad in law the judgment of the Jammu and Kashmir and Ladakh High Court which held that an accused can be granted bail under the Unlawful Activities (Prevention) Act 1967 if he does not present any "clear and present danger" to the society.The High Court judgment, which granted bail to Kashmir-based news journalist Peerzada Shah Fahad, also...
Government Employee Can't Refuse To Join New Place Of Posting While Contesting Transfer : Supreme Court
The Supreme Court recently condemned frequent instances of transferred employees not joining new places of posting while legal or administrative challenges to their transfer are underway."It is not uncommon to see employees who challenge such orders of transfer before various forums, extending the litigation to several years, while choosing to not join the service and still seeking full...
Government And Private Sector Should Focus On How To Accommodate, Not Disqualify, Candidates With Disabilities: Supreme Court
The Supreme Court on Tuesday (October 15) stressed that the focus of the government, regulatory bodies, and the private sector should be on how to accommodate and provide opportunities for candidates with disabilities, rather than seeking ways to disqualify them or hinder their educational goals.“The approach of the Government, instrumentalities of States, regulatory bodies and for that...
Perplexed At Life Convict Given Remission After 2.5 Years Imprisonment, Supreme Court Seeks UP Authorities' Explanation
While setting aside an order for the premature release of a life convict having spent only 2 years, 5 months and 12 days of imprisonment, the Supreme Court recently took a strong view against the Uttar Pradesh jail authorities for recommending his name for remission despite the State's remission policy mandating 14 years of imprisonment before a life convict could be considered eligible...
On Transfer Of Judge Who Convicted, No Need For Fresh Hearing On Conviction; New Judge Need Hear Only On Sentence: Supreme Court
In a case where the Trial Judge was transferred after pronouncing a judgment of conviction but prior to passing of the order on sentence, the Supreme Court recently held that the new Judge was not required to hear the case afresh on the point of conviction/acquittal. A hearing on the quantum of sentence alone remained to be afforded for compliance with Section 235 CrPC."The contention of...
Supreme Court Collegium Recommends Elevation Of Three Advocates As Andhra Pradesh High Court Judges
The Supreme Court Collegium on Tuesday (October 15) recommended the names of the three Advocates for appointment as Judges of the High Court of Andhra Pradesh. The Collegium comprising of CJI DY Chandrachud and Justices Sanjiv Khanna and BR Gavai recommended the following names after due consultation with their colleagues 'conversant with the affairs of the High Court of Andhra Pradesh': (i)...
Karnataka High Court Quashes Case Over Shouting 'Jai Sriram' Inside Mosque, Says It Doesn't Outrage Religious Feelings
Quashing a case against two men accused of an offence under IPC Section 295A for allegedly shouting 'Jai Sriram' in a mosque, the Karnataka High Court said it was not understandable how the slogan would outrage the religious feelings of any class. This the high court said after noting that the complainant in the case had himself said that Hindus and Muslims were living in harmony in the...
Supreme Court Lauds Achievements Of Persons With Disabilities In Judgment Allowing Medical Education For Candidate With Disability
In its landmark judgment holding that the mere existence of a physical disability should not be a ground to disbar a candidate from medical education, the Supreme Court named several individuals who achieved great accomplishments despite their disabilities.The bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan allowed the plea of a student with 40-45% speech and...