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…
Bombay High Court permits MHADA to undertake the redevelopment of land; Dismisses Developer’s Petition
Bombay High Court Diary Introduction A division bench of the Hon’ble Bombay High Court comprising of Justice A.S. Gadkari and Kamal Khata was hearing a petition filed by the developers…
Directive Principles- Article 37 and 38 of the Constitution
Articles 37, and 38 of the Constitution read as under:- “37. Application of the principles contained in this Part. — The provisions contained in this Part shall not be enforceable…
The Constitution of India: A living Tree
This article is an excerpt from the judgment of Justice Nagarathna in Property Owner Association v. State of Maharashtra (2024). Emile Durkheim, the French sociologist who formally established the academic…
From 1950 to 1991: Planned economy to Liberalization, Privatisation and Globalisation (“LPG”)
This article is an excerpt from the judgment of Justice Nagarathna in Property Owner Association v. State of Maharashtra (2024). Much like many countries finding liberation from colonial rule, the…