Concept of Independence of the Judiciary in the words of the Supreme Court
This is an excerpt from Justice R Pandian’s Judgement in Supreme Court Advocate on Record Association v. Union of India (1993). Our Constitution is a radiant vibrant organism and under…
Supreme Court Women Lawyers v. Union of India- Where SC deliberated on the question of ‘Chemical Castration’ of Rapists
Supreme Court women lawyers Association filed a petition in the Supreme Court urging the court to consider imposition of ‘Chemical Castration’ of the people who rape child girls. Submissions of…
MahaRERA rejects the claim of the home buyer for interest on account of delay in possession due to delay in filing the complaint
Introduction The Hon’ble Member of the Maharashtra Real Estate Regulatory Authority (for short, “MahaRERA”), Shri. Mahesh Pathak, was hearing a complaint filed by a home buyer against the respondent for…
Assessing the quantum of permanent disablement in MACT Matters- Supreme Court Judgements
Disability refers to any restriction or lack of ability to perform an activity in the manner considered normal for a human being. Permanent disability refers to the residuary incapacity or…
MACT Matters- Assessment of disability for deciding compensation
This is an excerpt from the judgment of ‘Sidram v. Divisional Manager, United India Insurance co. Ltd. (2018)’. Permanent Disability and Temporary Disability Disability refers to any restriction or lack…
MACT Matters- Evolution of Jurisprudence on Just Compensation in case of disability
The process of determining the compensation by the court is essentially a very difficult task and can never be an exact science. Perfect compensation is hardly possible, more so in…
Evolution of Jurisprudence in Motor Accident Claim Cases- Magma Case (2018)
In this case, an accident taken place due to rash and negligent driving of respondent. The father, brother and sister of the deceased claimed compensation under section 66 of Motor…
Evolution of Jurisprudence in Motor Accident Claims- Pranay Sethi Case (2018)
In Sarla Verma and others v. Delhi Transport Corporation and another, 2009, two-Judge Bench made a sanguine endeavour to simplify the determination of claims by specifying certain parameters. In Sarla…
Decisions dealing with the Concept of Binding Precedent
The concept of binding precedent is a cornerstone of the common law judicial system, ensuring consistency, predictability, and stability in the application of the law. This principle mandates that decisions…
Evolution of Jurisprudence in Motor Accident Claims- Sarla Verma Case
The evolution of jurisprudence in motor accident claims cases dates back to case earlier than Motor Vehicle Act, 1988. That time the Supreme Court including High Courts of many states…