51. Absence from trial – Cancellation of bail – Forfeiture of bail bond -- Arrest warrant – Quashing of – Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and wilful absence -- Explanation offered for non-appearance before the trial Court is justified -- Curtailment of personal liberty is to be done in line with the procedure established by law -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness – Sole purpose of issuance of non-bailable warrants is to secure presence of the accused before the learned trial Court -- Petitioners have themselves come forward and have undertaken to appear before the learned trial Court on each and every date – Impugned order set aside. (P&H HC) Decided on: 05.03.2025

52. Additional evidence in appeal -- Application under Order 41 Rule 27 CPC dismissed whereas the first appeal is pending -- Impugned order set aside and the First Appellate Court directed to consider the application for additional evidence afresh along with main appeal and at the time of deciding of the main appeal. (P&H HC) Decided on: 05.03.2025

53. NRI landlord – Return back to India -- Eviction of tenant in the year 2010 -- 15 years have passed in this process -- Petitioners’ application for leave to defend was dismissed in the year 2016 -- Revision petition is pending for the last 9 years – Admittedly, eviction against remaining tenants possessing the ground floor of the same premises has become final and the possession has been handed over to the landlords – Section 13B of the ‘1949 Act’ does not provide that the landlord will return back to the Country before filing of the petition – Landlords had only filed petitions for claiming higher rent, that would not estop the landlords to seek eviction on the ground of bonafide necessity – Revision of tenant dismissed. (P&H HC) Decided on: 05.03.2025

54. Rape -- murder -- Last seen theory -- Circumstantial evidence – Acquittal -- FIR does not contain a whisper that anyone from the village had seen the child-victim in the company of the appellant, any time prior to her dead body being found -- Conduct of the witnesses in remaining silent and not disclosing to the police regarding they having seen the appellant taking away the child-victim with himself, completely demolishes the prosecution case regarding the theory of last seen -- Appellant acquitted of the charges. (SC) Decided on: 04.03.2025

55. NDPS – Commercial quantity – Pregnancy of wife -- Interim regular bail -- Recovery of 478 grms of heroin from pocket of petitioner -- Challan has not been presented and petitioner is inside jail since 11.10.2024 -- Wife of the petitioner is pregnant and she requires someone very close to her, who can take care of her physical and mental health, at the time of need -- Only person, in house is stated to be the grandmother of the petitioner, who herself is aged about 80 years -- Petition allowed, petitioner ordered to be released on interim regular bail from 15.03.2025 to 23.5.2025. (P&H HC) Decided on: 04.03.2025

56. Production of documents – Discretionary of court -- Provision does not give an absolute right to a party to seek production of documents at any stage of the proceedings and the same is an enabling power with the Court. (P&H HC) Decided on: 04.03.2025

57. Comparison of signature with photocopy of partnership deed -- Permissibility of -- Held, signatures cannot be verified from a photocopied document. (P&H HC) Decided on: 04.03.2025

58. Rent laws -- Assessment of provisional rent -- Not only the application for assessment of rent was dismissed, the Rent Controller has further held that the provisions of the Rent Act are not applicable – Held, on an application any finding which virtually disposes off the main case cannot be sustained in law -- Matter remanded back to the Rent Controller for decision afresh on the application for assessment of the provisional rent in accordance with the law. (P&H HC) Decided on: 04.03.2025

59. Eviction petition -- Landlord – Ownership – Requirement of -- In the rent proceedings, the primary issue which is to be decided between the parties is whether the person who has filed the eviction petition is the landlord or not -- The fact as to whether he is the owner or not is not a condition precedent for the said person to seek eviction. (P&H HC) Decided on: 04.03.2025

60. Money Laundering Case -- Direction to register HECIR -- High Court had no reason to pass a drastic order of directing the Enforcement Directorate to register an ECIR only because the High Court prima facie came to a conclusion that a predicate offence exists -- ECIR registered on the basis of the impugned judgment quashed and set aside – Left open for Enforcement Directorate to take a call on the question of initiating proceedings under the Prevention of Money-laundering Act, 2002. (SC) Decided on: 03.03.2025

61. Central Law – Presumption of implementation by State -- High Court observed that as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is a central Act, there is a presumption in law that it will be implemented in its true letter and spirit by the State Government – Held, no such presumption exists -- High Court ought to have dealt with the prayers in the writ petition on merits – Writ petition restored. (SC) Decided on: 03.03.2025

62. Writ jurisdiction -- Judgment reserved -- Vacation of stay order – Requirement of law -- Interim relief was in operation for two and a half years -- While reserving the order, fairness required that the interim relief should have been continued for a reasonable time to enable the appellant to challenge the order vacating stay – Direction given that interim order shall continue to operate till the order/judgment in the writ petition is pronounced -- If the writ petition is dismissed, the High Court will extend the interim relief for a reasonable time to enable the appellant to challenge the final order. (SC) Decided on: 03.03.2025

63. Rejection of plaint -- Power of attorney – Conveyance already made -- Cancellation of attorney after 11 years -- Cause of action -- Power holder having exercised the authority conferred; to convey the properties in the name of the purchasers, the cancellation of the power of attorney will have no effect on the conveyances carried out under the valid power conferred -- Nor would it confer the person who executed the power of attorney any cause of action, by virtue of a cancellation of the power conferred by a subsequent document, to challenge the valid exercise of the power when it existed – Order of rejection of plaint passed by trial court affirmed. (SC) Decided on: 03.03.2025

64. Consumer – Project loan from Bank -- Dominant purpose behind brand-building itself is to attract more customers and consequently generate profits or increase revenue for the business -- What is to be seen is that whether the dominant intention or dominant purpose for the transaction was to facilitate some kind of profit generation for the person who has availed the service – Held, respondent No.1 is not a ‘consumer’ in terms of Section 2 (1) (d) (ii) of the Act. (SC) Decided on: 28.02.2025

65. Discharge by Trial Court – Revision -- Ex-parte stay by High Court – Permissibility of -- Ex-parte order of stay of the order of discharge should not have been passed by the High Court -- Ex-parte order of stay is entirely illegal -- Impugned order set aside. (SC) Decided on: 28.02.2025

66. Murder -- Recoveries were made after several days of the incident and no bloodstains etc. were found on the weapons -- PW-15, the doctor who had conducted the post-mortem examination, deposed that the seized weapons were not shown to him -- Knives etc. were also not produced in court -- All the seizure witnesses turned hostile -- Section 27 of the Evidence Act cannot come to the aid of the prosecution -- Clothes of the accused were not seized and sent for forensic examination to find out whether there were any bloodstains -- Medical evidence confirmed multiple stab injuries on his body leading to profuse bleeding and death -- It is for the prosecution to connect the accused to the murder of the deceased by producing credible and legally admissible evidence -- However, no credible evidence at all to connect the accused persons with the homicidal death of deceased -- Appellants are entitled to the benefit of doubt -- Conviction and sentence of the appellants set aside. (SC) Decided on: 28.02.2025

67. Compensation in motor vehicle accident case – Rule of evidence -- Under the Motor Vehicle Act, 1988 it is established that in compensation cases, the strict rules of evidence used in criminal trials do not apply -- Instead, the standard of proof is based on the preponderance of probability. (SC) Decided on: 28.02.2025

68. Nomination by policy-holder – Payment of Insurance claim -- Duty of Insurance company -- When there is a beneficiary nominee, who is validly nominated as per Section 39(7), will be entitled to make a claim for the entire amount -- Liability of the Insurance Company is to disburse the amount to the beneficiary or collector nominee as the case may be -- Insurance Company does not get into the area of dispute and the Company washes of its hands by handing over the sum assured to the nominee. K.R. Sakthi Murugeswari’s case (MANU/TN/6034/2023) relied. (Madras HC) Decided on: 28.02.2025

69. NDPS – Regular bail – Commercial quantity -- Recovery of 261 grams of Tramadol Hydrochloride, marginal above the commercial quantity (250 grams) -- Petitioner is a first time offender with no other case under the NDPS Act registered against him -- Provisions of Section 37 of the NDPS Act can be relaxed – Petitioner in custody since 13.09.2023 but none of the 13 prosecution witnesses have been examined so far and a co-accused has already been granted the similar relief – Bail allowed. (P&H HC) Decided on: 27.02.2025

70. Challenge to reservations rules in Public Interest Litigation – Maintainability of -- Concern of the petitioner for maintaining the percentage of reservation of seats in medical specialities for the reserved category candidates could be genuine but, unless the specific cases of the candidates arise for consideration before the Court, such an issue cannot be decided in abstract -- Such a question cannot be considered in a Public Interest Litigation -- Writ petition disposed of with observation that whenever any such issue arises for consideration before any of the High Courts, the High Courts would consider the same on its individual merits, in accordance with law. (SC) Decided on: 25.02.2025

71. Rape -- Habitual complainant – Quashing of FIR -- Apart from her statement in the FIR and her statement u/s 164 of the Cr.P.C./ 183 of BNSS, there is no other evidence on record -- Most concerning is that the same respondent has filed nearly identical cases at least against eight other individuals (nine cases in total) -- These FIRs, lodged in different Police Stations across Delhi, involve offenses u/s 34, 328, 354, 354A, 354D, 376, 377, 506, and 509 of IPC 00 -- After lodging the FIR, the complainant has not cooperated with the investigation and has not appeared despite being served with notice -- Appellant is a retired Army officer and the author of five books -- Considering the nature of the case and the cumulative circumstances, the criminal case initiated against the appellant is nothing but an abuse of the process of law -- This is precisely the nature of case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (as per new act, under Section 528 B.N.S.S.) and should have quashed the proceedings -- FIR quashed. (SC) Decided on: 25.02.2025

72. Power of Chief Justice – Roaster of Court – Judgment/ Order without Roster – Writ jurisdiction -- A judicial order based on consent of the parties, which is in the teeth of the Writ Rules and seeks to unsettle and even override the determination made by the Chief Justice, could not have vested jurisdiction in the appellate court to hear the pending writ petition -- As a sequitur, the Division Bench which passed the impugned order could not have assumed unto itself the jurisdiction to decide the writ petition based on the earlier order -- Chief Justice of the High Court, being the primus inter pares, has been vested with the power and authority to set the roster -- Such roster is final and binding on all the ‘Companion Justices’ of the said court -- Plainly, therefore, the impugned order are without jurisdiction -- Writ petition revived, Chief Justice of the High Court requested to assign the writ petition to an appropriate bench for its consideration and disposal. (SC) Decided on: 25.02.2025

73. Life insurance claim -- Failure to Mention other Policies – Repudiation of claim – Permissibility of -- Policy in question is not a Mediclaim policy; it is a life insurance cover and the death of the deceased has taken place on account of an accident -- Failure to mention about other policies does not amount to a material fact in relation to the policy availed and consequently, the claim could not have been repudiated by the respondent company – Direction given to release all benefits under the policy along with an interest of 9% per annum from the date the amount became due till the date of its realization to the appellant. (SC) Decided on: 25.02.2025

74. Third party information -- While applying for various tenders, certain information has been given by the petitioner, the same cannot be claimed by respondent No. 4 as a matter of right because of it being a third party information -- Third party information, which a particular candidate competing for a tender has submitted, cannot be sought. (P&H HC) Decided on: 24.02.2025

75. Appointment of Lambardar – Choice of Collector -- Collector has taken note of age, education, landholding etc. of the respective candidates and also taken into account the recommendation by lower revenue officers etc. -- Respondent No. 4 was a novice of about 20 years of age whereas the petitioner was found to be a mature and intelligent person, Collector found petitioner as a suitable candidate -- It is a well settled law that in the matter of appointment of Lambardar, the choice of Collector is not to be lightly interfered with even if two views are possible – Order of Financial Commissioner set aside and the order passed by learned Collector, appointing the petitioner as Lambardar maintained. (P&H HC) Decided on: 21.02.2025

76. Arbitration award – Legal heirs – Right and liability -- The term ‘partners’ extends to and would include their legal heirs, representatives, assigns or legatees, etc. -- Persons claiming under the rights of a deceased person are the representatives of the deceased party, and therefore, both the parties to the agreement and their legal heirs are entitled to enforce an arbitral award and are bound by it. (SC) Decided on: 21.02.2025

77. Rape – No medical examination -- Acquittal -- Prosecutrix and her parents themselves never fully co-operated with the medical staff, thereby adversely impacting the credibility of their version of events -- Non-allowance of medical examination by an alleged rape-victim raises negative inferences against them – Prosecutrix was 19 years old at the time of the alleged occurrence – High Court has microscopically examined the entire evidence before firmly opining that the accused-respondent deserves the benefit of the doubt – Appeal against judgment of acquittal passed by the High Court, dismissed. (SC) Decided on: 20.02.2025

78. Probation to accused – Compensation to complainant -- Keeping in view the antecedents of the petitioner and the fact that he is not a previous convict, it is obligatory upon the Court to extend the benefit of Probation of Offenders Act to the convict – Petitioner ordered to be released on probation – To balance the rights of the complainant with the benefit of probation extended to the petitioner, Court directed the petitioner-accused to pay compensation of Rs. 25,000/- to the complainant. (P&H HC) Decided on: 19.02.2025

79. Compensation in motor vehicle accident case – Deceased 16 year old -- Multiplier -- Deceased was studying in 11th standard at the time of the accident on 27.05.2013 -- Notional income of the deceased is assessed as Rs.15,000/- per month -- Future prospects 40% given -- Deceased was unmarried, 50% deduction would be applicable -- Claimants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium – Total compensation comes to Rs.24,00,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount awarded. (P&H HC) Decided on: 19.02.2025

80. Right to bail u/s 437 (6) of Cr.P.C. – Scope of -- Sub-section (2) of Section 437 of the Code can be divided in two parts -- The first part would indicate that it is mandatory, but in the next breath, the legislature has given discretion to the Magistrate not to grant bail by assigning reasons -- Provisions of Section 437(6) cannot be considered to be mandatory in nature and cannot be interpreted to grant an absolute and indefeasible right of bail in favour of accused -- Reasons for rejection of application under sub-section (6) have to be different and little more weighty than the reasons that may be relevant for rejection for bail at the initial stage. Following factors would be relevant: 1. Whether the reasons for being unable to conclude trial within sixty days from the first date fixed of taking evidence, are attributable to the accused? 2. Whether there are any chances of the accused tampering with evidence or causing prejudice to the case of the prosecution in any other manner? 3. Whether there are any chances of abscondence of the accused on being bailed out? 4. Whether accused was not in custody during the whole of the said period? If the answer to any one of the above referred fact situations or similar fact situations is in affirmative then that would work as a fetter on the right that accrues to the accused under first part of sub-section (6) of Section 437 of the Code -- Right accrues to him only if he is in custody during the whole of the said period. (SC) Decided on: 18.02.2025

81. Pre-mature release -- Duty of Government -- It is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy -- It is not necessary for the convict or his relatives to make a specific application for grant of permanent remission -- District Legal Services Authorities shall maintain the relevant date of the convicts and as and when they become eligible to a consideration for grant of premature release, they shall do the needful -- The State Legal Services Authorities shall endeavour to create a portal on which the data as aforesaid can be uploaded on real time basis. (SC) Decided on: 18.02.2025

82. Doctrine of estopple -- Withdrawal of NOC to commence Ayurvedic Medical College and Hospital – Held, there can be no indefeasible right claimed on the basis of the grant issued, which is illegal -- There is no promise offered by the State or the Government by reason of the invalid order issued by the Department -- When officers of the government acts outside the scope of authority, the plea of promissory estoppel would not be available, especially since the doctrine of ultra vires comes into operation and the government cannot be held bound by the unauthorised actions of its officers – Withdrawal of NOC, upheld. (SC) Decided on: 17.02.2025

83. Forfieture of gratuity -- Misappropriation of meagre amounts -- It is trite that even if minimal amounts are misappropriated it would constitute a misconduct warranting termination -- However, on the question of forfeiture of gratuity, Appointing Authority should have taken a more sympathetic approach -- Appointing Authority directed to limit the forfeiture to 25% of the gratuity payable and release the balance amounts. (SC) Decided on: 17.02.2025

84. Compensation to employee – Interest thereupon -- Interest liability arises on default of the employer, in paying the admitted compensation due under the Act within one month from the date it fell due and if there is such default, necessarily interest shall run at the rate provided -- Interest runs from the date of the accident -- 12% simple interest per annum necessarily has to be applied. (SC) Decided on: 17.02.2025

85. Divorce – Permanent alimony -- Decree of divorce on the ground of irretrievable breakdown of marriage -- Permanent alimony of Rs. 50,00,000/- granted -- Once the lis between the parties was finally settled and permanent alimony of a lump sum amount was awarded, nothing further survives for consideration -- All pending matters inter se parties would stand closed -- Final order of maintenance shall be the full and final adjudication of any maintenance proceedings between the parties, leaving no scope for further claims in this regard. (SC) Decided on: 17.02.2025

86. Condonation of delay in OA – Time spent in wrong Forum/ RTI information – Consideration of -- Section 5 of the Limitation Act applicable for condonation of delay -- It is a settled law that if a wrong remedy has been taken up by any litigant, the period spent for pursuing the wrong remedy can be condoned, in terms of the provisions of Section 14 of the Limitation Act -- O.A. field after obtaining documents under the RTI Act said to be bona fide -- Petitioner had suffered serious accident and had also subsequently remained hospitalized on account of heart ailment – Delay deserved to be condoned -- Since the order of termination is an issue before the Court, the same has to be examined on merits – Matter remitted back to Central Administrative Tribunal and directed to decide the OA afresh on merits. (P&H HC) Decided on: 15.02.2025

87. Contradiction in statement – Circumstantial evidence – Acquittal -- Significant improvements and omissions in the evidence of PW-3 -- Omissions are so relevant that they become contradictions in view of the Explanation to Section 162 of the CR.P.C. -- Thus, it is very difficult to accept the testimony of PW-3 as reliable -- PW-1 is not a witness to the theory of last seen together -- Therefore, it is not possible to hold that the theory of last seen together was proved by the prosecution beyond a reasonable doubt -- When the prosecution case is based on circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn should be fully established -- There must be a chain of circumstances so complete as not to leave any ground for any conclusion inconsistent with the innocence of the accused -- Two significant circumstances forming the chain have not been established -- Conviction and sentence set aside (SC) Decided on: 13.02.2025

88. Statutory rules – Rule of natural justice – Opportunity of hearing – Requirement of -- It is a well-settled principle of law that while administrative actions and statutory rules that impact citizens’ rights are subject to judicial review, the notion that the State must provide a prior hearing to affected individuals during the exercise of its rule-making power is fundamentally flawed. (SC) Decided on: 13.02.2025

89. Undisclosed income – Penalty -- Section 271AAA is a penalty provision, it has to be strictly construed -- The fact that the assessee has surrendered some undisclosed income during the course of search or that the surrender is emerging out of the statements recorded during the course of search is not sufficient to fasten the levy of penalty -- The onus is on the Assessing Officer to satisfy the condition precedent stipulated in the said Explanation, before the charge for levy of penalty is fastened on the assessee -- Appellant admitted Rs.2,27,65,580/- as income for AY 2011-12 during the search before DDIT (Inv.) as well as substantiated the manner in which the said undisclosed income was derived and paid tax together with interest thereon, albeit belatedly -- Consequently, all the conditions precedent mentioned in Section 271AAA(2) stand satisfied and, therefore, penalty under Section 271AAA(1) is not attracted on the said amount of Rs.2,27,65,580/-. (SC) Decided on: 13.02.2025

90. Second bail application -- There is no prohibition in filing a fresh bail application after the earlier was rejected or cancelled, if granted. (SC) Decided on: 13.02.2025

91. Cheating – Acquittal – Money taken for sending abroad -- Incident happened in the year 2001, however, written complaint made after two years -- In the complaint, nowhere, mentioned that complainant or his father had arranged an amount of Rs.3,00,000/- by taking loan or by arranging the same from their relatives -- Nothing brought on record to show that any travel agency is being run by the accused persons -- Prosecution has neither proved source of amount nor the fact that who induced the complainant to pay the amount and to whom the payment was made -- As such, the prosecution has failed to prove its case beyond the shadow of reasonable doubt – Acquittal order, upheld. (P&H HC) Decided on: 13.02.2025

92. Schedule Private Bank – Freeze of account -- Maintainability of writ -- Petitioner company deposited more than 10 crores in its current account maintained with the respondent bank -- Withdrawal of amount belonging to petitioner from its current account is withheld by the respondent bank on account of its unilateral decision to freeze the petitioner’s bank account on the request of third respondent and lodging of an FIR by her regarding a matrimonial dispute. -- There is no order passed by any competent court to freeze the petitioner’s bank account. -- There is no action or order of the investigating authority in any criminal case to freeze such bank account, either. -- No provision exists in law conferring authority upon the respondent bank to adjudicate private claims of the Director regarding their matrimonial dispute. Objection of the respondents with regard to maintainability of the writ petition dismissed -- Writ petition allowed, order passed by the respondent bank quashed. (Allahabad HC) Decided on: 13.02.2025

93. Show cause notice – Challenge to -- Writ jurisdiction -- Writ Court should not entertain any petition, seeking to challenge a show cause notice unless the Court is convinced that the same has been issued by an authority having no jurisdiction, or the same is tainted with mala fides. (SC) Decided on: 12.02.2025

94. Void marriage – Maintenance to spouse – Permanent alimony – Right of -- A spouse whose marriage has been declared void u/s 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act -- Whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties -- Grant of relief u/s 25 is always discretionary. (SC) Decided on: 12.02.2025

95. Culpable homicide – Causing death due to negligence -- Appellant/ qualified medical practitioner conveyed/ instructed staff nurse to administer an injection over telephone which injection when administered to the patient, apparently reacted, resulting into his death – Registration of the FIR u/s 304 Part I IPC and the subsequent submission of police report u/s 173 (2) CrPC also u/s 304 Part I IPC cannot be sustained – Appeal allowed, Trial Court to waive the accusation under 304 Part I IPC and to proceed after reading over accusation under Section 304-A, IPC. (SC) Decided on: 12.02.2025

96. Compensation in motor vehicle accident case -- Deceased 20 year old was a student of B.A. Final Year -- Date of the accident was 25.07.2004, the notional income of the deceased assessed as Rs.10,000/- per month -- Loss of future prospects 40% -- Multiplier of 18 applied – 50% deduction -- Claimant-appellant would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses – Rs.50,000/- awarded for Loss of love and affection -- Total compensation assessed at Rs.15,98,000/- -- Interest @ 6% per annum from the date of filing of the claim petition till the realization of the entire amount. (P&H HC) Decided on: 11.02.2025

97. Domestic violence – Quashing of criminal proceedings -- Nothing on record to show that the parents witnessed any of the incidents of physical harassment of the complainant at the instance of the appellants -- Complainant in her complaints did not assign any specific role to the appellants concerning the demands of dowry and physical and mental harassment of the complainant, except for making a sweeping allegation without specific details -- Appellants do not live with the principal accused -- While the marriage took place in Pondicherry and the complainant lived with her husband and mother-in-law in Chennai, the appellants are residents of Hyderabad -- Criminal proceedings quashed. (SC) Decided on: 07.02.2025

98. Compensation in motor vehicle accident case – Injury case – Consented compensation – Enhancement – Permissibility of -- Claimant-Appellant had agreed on the additional consolidated sum granted by the High Court -- Despite such consent, the objective when granting compensation under the Motor Vehicles Act, 1988, is to ensure just and fair compensation is paid to the aggrieved party – Compensation enhanced to Rs.17,82,825/-. (SC) Decided on: 07.02.2025

99. Compensation in motor vehicle accident case -- Split method of dependency – Deceased was to retire after 2 year of date of death -- Normally Courts and Tribunals have to apply the multiplier as per the judgement of this Court in Sarla Verma case (2009) 6 SCC 121 : 2009 INSC 506 -- Any deviation from the same warrants special reasons to be recorded -- Deceased was a technically qualified person and people are generally healthy at that age and continue working even after retirement -- Compensation on account of loss of income while applying the multiplier of 9 by the Tribunal without applying the split method is the correct calculation on that account -- Future prospects @ 15% awarded -- Loss of estate and funeral expenses, the amount of ?15,000/- each -- Consortium, there are three claimants, namely, the widow, one son and one daughter, they would be entitled to compensation on account of loss of consortium @ ?40,000/- each. (SC) Decided on: 07.02.2025

100. RTI -- Exemption to disclose personal information -- Disclosure of marks of other candidate in an examination – Held, disclosure of the marks though may fall in the category of personal information, yet the disclosure of this personal information is presently necessary in public interest, and therefore, it is not an information which cannot be given by the Information Officer under the RTI Act, 2005 -- To the contrary, such an information must be disclosed in order to maintain transparency in the process. (SC) Decided on: 07.02.2025