Today's Important Supreme Court Judgments [Friday, November 30, 2018]

1. Ramla v. National Insurance Co. Ltd.

There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. The Motor Vehicles Act is a beneficial and welfare legislation. A “just compensation” is one which is reasonable on the basis of evidence produced on record. It cannot be said to have become timebarred. Further, there is no need for a new cause of action to claim an enhanced amount. The Courts are duty bound to award just compensation.

Case Number : C.A. No. 11495 of 2018 30-11-2018

Petitioner's Advocate : Lakshmi N. Kaimal

Bench : Hon'ble Mr. Justice N. V. Ramana, Hon'ble Mr. Justice Mohan M. Shantanagoudar

Judgment By : Hon'ble Mr. Justice Mohan M. Shantanagoudar

2. State of Bihar v. Kirti Narayan Prasad

In the instant cases the writ petitioners have filed the petitions before the High Court with a specific prayer to regularize their service and to set aside the order of termination of their services. They have also challenged the report submitted by the State Committee. The real controversy is whether the writ petitioners were legally and validly appointed. The finding of the State Committee is that many writ petitioners had secured appointment by producing fake or forged appointment letter or had been inducted in Government service surreptitiously by concerned Civil Surgeon-cum-Chief Medical Officer by issuing a posting order. The writ petitioners are the beneficiaries of illegal orders made by the Civil Surgeon-cum-Chief Medical Officer. They were given notice to establish the genuineness of their appointment and to show cause. None of them could establish the genuineness or legality of their appointment before the State Committee. The State Committee on appreciation of the materials on record has opined that their appointment was illegal and void ab initio. We do not find any ground to disagree with the finding of the State Committee. In the circumstances, the question of regularisation of their services by invoking para 53 of the judgment in Umadevi (supra) does not arise. Since the appointment of the petitioners is ab initio void, they cannot be said to be the civil servants of the State. Therefore, holding disciplinary proceedings envisaged by Article 311 of the Constitution or under any other disciplinary rules shall not arise.

Case Number : C.A. No. 8649 of 2018 30-11-2018

Petitioner's Advocate : Gopal Singh

Bench : Hon'ble Mr. Justice S. Abdul Nazeer

Judgment By : Hon'ble Mr. Justice Deepak Gupta

Whether Plaint can be Rejected only against one of the Defendant(s) [SC JUDGMENT]

The Civil Procedure Code, 1908 - Order 7 Rule 11 (d) – Rejection of Plaint - Relief of reject the plaint only against one of the defendant(s) – Held, Such a relief “cannot be entertained” in exercise of power under Order 7 Rule 11(d) of CPC - the relief of rejection of plaint in exercise of powers under Order 7 Rule 11(d) of CPC cannot be pursued only in respect of one of the defendant(s) - the plaint has to be rejected as a whole or not at all, in exercise of power Order 7 Rule 11 (d) of CPC - the plaint as presented must proceed as a whole or can be rejected as a whole but not in part.

FIRST LAW

Search This Blog