Important Supreme Court of India Judgments January 22, 2019

Important Supreme Court of India Judgments January 22, 2019

1. Leela Bai v. Seema Chouhan

Employee’s Compensation Act, 1923 – Workmen’s Compensation (Amendment) Act, 2009 – Doctrine of “notional extension” – Rejection of their claim for compensation – Merely because the deceased was coming down the roof of the bus after having his meal, cannot be considered in isolation and interpreted so myopically to hold that he was off duty and therefore would not be entitled to compensation.

 

If the requirement of the deceased to stay with the bus was integrally connected with the efficiency of the service to be provided to the public by respondent no.1 and the deceased was not present at the bus terminal with the bus in his nature as a member of the public by choice, we see no reason why the doctrine of notional extension of the employment will not be applicable.

2. V. Surendra Mohan v. State of Tamil Nadu

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Prescription of disability to the extent of 40%-50% for recruitment for the post of Civil Judge (Junior Division) was valid and does not contravene any of the provisions of the Act, 1995 or any other statutory provision.

3. Mohammed Salim (d) Through Lrs. v. Shamsudeen (dead) Through Lrs.

Muslim law – there are three types of marriage—valid, irregular and void – A marriage may be valid (sahih), or irregular (fasid) or void from the beginning (batil).
 
Muslim Law – A marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate.