Important Supreme Court Judgments November 16, 2018

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Important Supreme Court Judgments  November 16, 2018

1. Mahendra Pratap Dubey v. Managing Officer, Evacuee Property

Administration of Evacuee Property Act, 1950 – Section 10(2)(o) – Displaced Persons (Compensation and Rehabilitation) Act, 1954 – Validity of the Sale Certificate – Once it is held that no sale certificate issued in favour of respondent by the Custodian of Evacuee Property, under the 1950 Act is forthcoming nor any entry in the official register is found in that regard, all persons claiming through him must suffer the consequences of such a finding of fact.

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2. Vijay Pullarwr v. Hanuman Deostan

Public Trusts Act, 1950 (Maharashtra) – Whether the property is a property of the trust and including the question as to whether it should be so recorded as the property of the trust, is a matter exclusively within the domain of the Charity Commissioner.

3. Vimla Devi v. National Insurance Company Limited

Motor Vehicles Act, 1988 – The Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die untimely. The Act is designed in a manner, which relieves the victims from ensuring strict compliance provided in law, which are otherwise applicable to the suits and other proceedings while prosecuting the claim petition filed under the Act for claiming compensation for the loss sustained by them in the accident. 

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4. Sumer Singh Jat v. State of Rajasthan

Civil Appeal – The need to remand the case has been occasioned as the Division Bench has not assigned any reason for dismissal of the appeals. In the absence of any discussion on the issues which have arisen in these cases and in the absence of any finding on the submissions urged by the parties, it is not possible to affirm the order. Indeed, none of the submissions urged by the appellants are mentioned much less dealt with either way on the merits of the case. In view of the abovementioned reason, the appeals succeed and are accordingly allowed. The impugned judgments/orders are set aside. The appeals out of which these appeals arise are restored to their respective numbers before the High Court for their fresh disposal on merits in accordance with law.


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