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IMPORTANT POINTS
(1) Death in motor accident – Claimants need not establish particular manner in which injuries have been sustained by injured or deceased but that does not mean that simply because there was a car somehow involved, provisions of MVA would apply – Some link between car and death has to be established.
(2) Standard of proof in a criminal case is higher, either beyond reasonable doubt or ruling out of any other possibility; whereas in a civil case preponderance of probability is the standard. ,22 Jul 2026
Supreme Court of India
IMPORTANT POINTS
(1) Death of passenger in untoward incident – Merely because ticket of a train journey was not found on person of deceased, will not change his status as a bona fide passenger – Initial burden of claimant can be satisfied by way of affidavit.
(2) Beneficial legislations are to receive purposive and liberal construction in furtherance of intentions of Legislature – Technical approaches and lapses in procedure should not defeat welfare aim of statute.
,17 Jul 2026
Supreme Court of India
IMPORTANT POINT
Compassionate Appointment – Requirement that claim must remain within Scheme does not release employer from its duty to administer the Scheme fairly and within a reasonable time – Once very basis of rejection is found unsustainable, denial of compassionate appointment cannot be upheld. ,16 Jul 2026
Supreme Court of India
IMPORTANT POINTS
(1) Writ Petition (Certiorari Jurisdiction) – While exercising such jurisdiction, High Court does not act as a Court of appeal over findings, more so, of facts recorded by subordinate Courts or Tribunals.
(2) Property Law – Partition disputes involve title of property and cannot be decided ex parte. ,16 Jul 2026
Supreme Court of India
IMPORTANT POINTS
(1) Money laundering – Offence under PMLA and scheduled offence are to be tried by a Special Court having jurisdiction to try PMLA offence.
(2) Precedent – Ratio in a Judgment must be read in facts of each case. ,14 Jul 2026
Supreme Court of India
IMPORTANT POINT
Recovery of weapons – Coercive possession or possession under threat of life is not a conscious possession and cannot be a sole criteria to record finding of guilt against accused. ,13 Jul 2026
Supreme Court of India
IMPORTANT POINT
Lis must be decided on the basis of rights and liabilities as they stood on the date of institution, unless statute or equity of case otherwise requires. ,13 Jul 2026
Supreme Court of India
IMPORTANT POINTS
(1) Claim Petition – Standard of proof in proceedings before Motor Accident Claims Tribunal is one of preponderance of probabilities and not proof beyond reasonable doubt, as is required in criminal trials.
(2) Multiple deaths in motor accident – Principle of res ipsa loquitur (Thing speaks for itself) also becomes applicable.
(3) Though charge-sheet by itself is not a conclusive proof of negligence, it remains a relevant circumstance and lends support to version advanced by claimants. ,13 Jul 2026
Supreme Court of India
IMPORTANT POINTS
(1) Juvenility – Passing of order under Section 19(1) of J.J Act is mandatory in nature – Unless Children’s Court arrives at a decision as to whether child in conflict with law is to be tried as an adult or not, it cannot proceed further with the matter.
(2) Even a remote possibility that a child in conflict with law, who ought to be tried as a child, is subjected to an adult trial, such adult trial is wholly impermissible and it strikes at very root of protective framework envisaged under J.J. Act. ,13 Jul 2026
Supreme Court of India
IMPORTANT POINTS
Proof of Custom – He who alleges custom must prove it – Once judicial notice had been taken of a particular custom, same need not be proved independently in every proceeding. ,09 Jul 2026
Supreme Court of India
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