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IMPORTANT POINT
Death in motor accident – Merely by reason of proximity of accident and death or possibility of acute myocardial infarction occurring for reason of a long bed rest, it cannot be assumed, without clear evidence to substantiate death having been caused as a result of injuries sustained in accident that death occurred by reason of accident. ,04 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Injury in motor accident – Medical Board’s certificate can be accepted even without a witness being examined.
(2) Income Tax Return can be accepted for computation of income. ,04 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Second appeal – High Court is competent and endowed with discretionary jurisdiction to formulate a substantial question of law not stated when second appeal was admitted – High Court is entitled to formulate an additional substantial question of law – A substantial question of law must be grounded in parties’ pleadings and findings of lower courts.
(2) Examination of witnesses – Absence of a suggestion to a witness may not be deciding factor in determining outcome of a plea – However, absence of suggestion constitutes an important cog in wheel of consideration.
(3) Appeal by Special Leave – Overriding power under Article 136 of Constitution of India is exercised only in exceptional cases where special circumstances exist. ,03 Sep 2025
Supreme Court of India
IMPORTANT POINT
Compensation – Disbursement – Claimant cannot be permitted to resile from her own conduct. ,03 Sep 2025
Supreme Court of India
IMPORTANT POINT
Anticipatory bail petition – Court may either grant or decline bail – Court cannot ask why accused was not arrested. ,03 Sep 2025
Supreme Court of India
IMPORTANT POINT
Dishonour of cheque – There is no embargo on filing complaint under Section 138 of N.I. Act against a ‘SICK’ company. ,02 Sep 2025
Supreme Court of India
IMPORTANT POINT
Custody dispute between spouses – Emotional, mental, and physical well-being of child must always come first – Every child has right to affection of both parents – Even if parents live apart or in different countries, it is important for child to maintain a relationship with both of them. ,02 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Cancellation of bail – Considerations for cancellation of bail must always be on the basis of well settled principles – Intimidation of witnesses is sufficient to revoke liberty granted.
(2) Witness Protection Scheme – A criminal justice system that cannot protect its witnesses cannot protect its citizens – Right to fair trial is meaningless if witnesses cannot come forward to depose without fear.
(3) Existence of a Witness Protection Scheme cannot be a consideration to decline to cancel bail, even when there is prima facie material indicating that accused administered threats or caused intimidation to witnesses. ,02 Sep 2025
Supreme Court of India
IMPORTANT POINT
Reservation – Presidential Order brought out under Article 371D of Constitution enabled State to provide for equitable opportunities and facilities for people belonging to different parts of State in the matter of education. ,01 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Sale – There is difference between a sale deed and an agreement for sale, or a contract for sale.
(2) Part Performance – Unless transferee in instrument of agreement to sale is able to prove that he has been in possession of suit property, no benefit u/s 53A of T.P. Act will be given.
(3) Power of attorney is not a sale.
(4) Proof of execution of Will – Mere fact that Will was registered will not grant validity to the document. ,01 Sep 2025
Supreme Court of India
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