Lucid Law

The Supreme Court held that injuries caused by the fall of a tree branch on a stationary autorickshaw during heavy rain did not arise out of the use of a motor vehicle within the meaning of the Motor Vehicles Act, 1988; however, exercising Art.142 Const. of India, it enhanced compensation and maintained the apportionment ordered by the High Court.

The Supreme Court recognised a homemaker as a “Nation Builder”, held that her unpaid domestic and caregiving labour has independent economic value, introduced a separate compensatory head of “loss of domestic care”, and substantially enhanced compensation payable for her death in a motor accident.

Property inherited by Class I heirs under S.8 HSA devolves as tenancy-in-common and not as joint tenancy; consequently, an heir cannot claim powers of a karta over the shares of other heirs.

A temporary status casual labourer who has completed the requisite qualifying service is entitled to pensionary benefits even without formal regularisation; pension cannot be denied merely because the employee was never regularised.

A DNA test may be directed where paternity is the central issue in the suit, no other evidence can conclusively determine the question, and the balance of interests favours discovering the truth over the asserted privacy interest of the alleged father.

An approver’s testimony can sustain conviction if it is credible and corroborated in material particulars; a defect or omission in framing a specific charge does not vitiate conviction absent demonstrable prejudice under S.464 CrPC.

Where a suit concerning the same subject matter is pending, arbitration must conform to S.21 Arbitration Act, 1940; an award obtained otherwise cannot defeat the suit unless all interested parties subsequently consent to treat it as a compromise under the proviso to S.47 Arbitration Act, 1940.

Continued incarceration after a judicial order directing release on parole, despite compliance with release conditions and in the absence of any stay, constitutes illegal detention attracting public law compensation under Art.21 Const. of India

Courts exercising jurisdiction under S.34 and S.37 Arbitration and Conciliation Act, 1996 cannot re-appreciate evidence or substitute their view for that of the arbitral tribunal; arbitral finality and minimal judicial interference remain the governing principles

Notice of mutation proceedings can constitute constructive notice of the underlying probate; a person who wilfully ignores such notice cannot postpone limitation for seeking revocation of probate under S.263 ISA.

The Central Government has independent discretion to accept or reject voluntary retirement of an All India Service officer, but such discretion must be exercised with proper application of mind and on existing material showing genuinely contemplated disciplinary proceedings

For fastening vicarious liability under Section 141 NI Act, the complaint must disclose specific factual foundation linking each accused to the underlying transaction; mere designation as an office bearer is insufficient.

An additional written statement cannot be used after commencement of trial to completely retract an earlier stand and introduce a mutually destructive defence in circumvention of the bar under Order 6 Rule 17 CPC