Legal Update as on 07.02.2023

  1. SC: Encroacher is not entitled to the benefits of Section 51 of the Transfer of Property Act. – The Supreme Court has ruled that where an owner has established his title, denying recovery of possession would be equivalent to allowing an encroacher to buy a man’s property against his will, despite the fact that an encroacher cannot be considered a transferee to benefit from Section 51 of the Transfer of Property Act.
    Baini Prasad (D) vs Durga Devi
  1. VRS employees cannot claim parity with those who retired on superannuation, according to the Supreme Court. – The Supreme Court ruled that, for the purposes of salary revision, employees who retired via the Voluntary Retirement Scheme (VRS) were not entitled to parity with those who retired after reaching the age of superannuation.
  1. SC: IN ORDER TO FOLLOW DECISIONS MADE BY HIGHER AUTHORITIES, TAX AUTHORITIES MUST MAINTAIN DISCIPLINE. – The Supreme Court has noted that, in addition to unfair harassment of assessors, there would be complete disorder in the administration of tax laws if the discipline of abiding by decisions taken by higher authorities is not maintained.
    M/s. Godrej Sara Lee Ltd. v. The Excise And Taxation Officer Cum Assessing Authority And Ors.
  1. HC – A doctor cannot be held accountable for negligence based only on the patient’s poor response to treatment. – The Kerala High Court has concluded that while it is always possible for a treatment to go wrong, it is not always the doctor’s responsibility and that there must be enough proof to show that a patient’s death was caused by the alleged medical negligence.
    Dr. Balachandran v. State of Kerala and other connected matters
  1. MP HC – CONSIDERATIONS FOR LENGTH OF SERVICE AND CONDUCT WHEN AWARDING BACK WAGE – According to the Madhya Pradesh High Court, consideration should be given to both the length of an employee’s service and the employer’s behaviour while awarding back wages.
    Executive Director, Environmental Planning and Coordination Organisation (MP) and Anr. v. Presiding Officer, Labour Court, Rewa (MP) and Anr.
  1. MP HC – ELECTION PETITIONS U/S 122 OF MPPRA TRIAL TO FOLLOW PROVISIONS OF CPC – The Madhya Pradesh High Court has ruled that in cases where election petitions are heard under Section 122 of the M.P. Panchayat Rajya Adhiniyam (MPPRA), 1993, the procedure outlined under the CPC’s requirements for trying the suit must be followed.
    SMT. RASHMI vs Bharathi and others
  1. MADRAS HC REQUIRES ELECTRONIC FILING FOR ANTICIPATORY BAIL – Both the Principal bench in Madras and the Madurai bench now need electronic filings, per the Madras High Court. Only applications for anticipatory bail are originally required to use this tool. For issuing certified copies of judgement, the Court has now launched an online certified copy application facility.
  1. ADVANCE DIRECTIVE/LIVING WILL 2018 GUIDELINES Simplified by the SC – A 2018 ruling that had acknowledged the right to die with dignity as a component of the right to live with dignity has been changed by the Supreme Court while it is debating a plea by the Indian Council for Critical Care Medicine.
  1. BOMBAY HC: USING PHYSICAL FORCE TO CORRECT SCHOOL CHILDREN IS NOT AN OFFENSE – While noting that teachers are the foundation of the educational system and that it would be difficult for them to uphold discipline if they were constantly living in fear of accusations, the Bombay High Court ruled that using physical force to correct a student without any malice aforethought is not illegal.
    Rekha @ Vidhila Faldessai v. State

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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