Indian Judgements

Indian Judgements

Compensation: Right to walk is a fundamental right integral to the right to movement & right to life

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The Supreme Court has declared that the right to walk is a fundamental right under Part III of the Constitution of India, integral to the right to movement (Article 19(1)(d)) and the right to life (Article 21). This right includes the access to safe, demarcated, and well-maintained footpaths, which shall take priority over the movement of motorized vehicles. The Court emphasized that if a road exists, authorities—such as Urban Development Authorities, Municipal Corporations, and Panchayats—have an enforceable, correlative duty to provide and maintain pedestrian infrastructure.

Background of the Case

The matter originated from a tragic accident where a five-year-old child was struck and killed by a tanker while walking toward his school on a road lacking a footpath. The Motor Accident Claims Tribunal (MACT) had initially awarded compensation of Rs. 7,82,000, which the High Court subsequently reduced to Rs. 4,70,000.

Key Findings and Directives

  • Recognition of Rights: The Court affirmed that the “right to move” is not limited to motorized transport. Walking is recognized as having deep cultural, social, and political significance, embodying expressional, congregational, and associational rights under Articles 19(1)(a), (b), and (c).
  • Limitation of the Motor Vehicles Act: The Court clarified that the Motor Vehicles Act, 1988, is primarily focused on motorized transport and does not adequately protect or recognize the fundamental right to walk.
  • Restitutionary Remedy: Citizens are entitled to enforce a restitutionary remedy against duty-bearing authorities (Municipalities, etc.) for violations of this right, which is distinct from and independent of claims made under the Motor Vehicles Act.
  • Legislative Framework: The Court directed the Registry to send copies of the judgment to the Ministry of Housing and Urban Affairs, Ministry of Rural Development, Ministry of Road Transport and Highways, and the Law Commission to initiate the development of a comprehensive statutory framework and regulatory body to protect and implement the right to walk.
  • Compensation: In the instant case, the Supreme Court set aside the High Court’s reduction of compensation. Applying the methodology from Karuna Parmar v. Prakash Sinha, the Court increased the total compensation to 11,44,628.
  • Case Re-classification: The Court ordered the registry to re-number the case as a petition under Article 32, titled Re: Fundamental Right to Walk and Footpath, and impleaded relevant Government of India ministries as parties to further monitor this issue.

2026 INSC 647

Maniyar Iliyaz @ Shaik Riyaz & Anr. V. P. Ayyappan & Ors. (D.O.J. 19.06.2026)

2026 INSC 647 click here to view full text of judgment

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Eviction: Subsequent Vacancy Satisfies Landlord’s Bona Fide Commercial Requirement

August 21, 2026 No Comments

This revision petition, filed under Section 25-B(8) of the Delhi Rent Control Act, 1958, challenged the orders of the Additional Rent Controller (ARC) which dismissed the eviction petitions filed against tenants occupying shops in West Patel Nagar, New Delhi. The Delhi High Court held that once an alternative shop within the same property became vacant during the pendency of the proceedings and was successfully utilized by the landlord’s family for the exact commercial purpose pleaded (running an insurance office), the original bona fide requirement stood fully satisfied. The Court emphasized that under its limited revisional jurisdiction, it cannot re-appreciate evidence or substitute findings of fact merely because a large volume of client work is claimed, especially when the subsequent availability renders the petitioning premise unnecessary.

  • Scope of Revisional Jurisdiction: The Court reiterated that under Section 25-B(8) of the Delhi Rent Control Act, its role is supervisory and restricted to checking the decision-making process for perversity, illegality, or material irregularity, rather than acting as a regular appellate court.
  • Impact of Subsequent Events: During the pendency of the eviction proceedings, another shop (Shop No. 2) in the same building on the ground floor became vacant and was occupied by the landlord’s family to open an LIC and insurance office—the exact purpose for which eviction of the subject shops was sought.
  • Admissions by Landlord’s Witnesses: Clear admissions by the petitioner’s son, daughter-in-law, and grandson, along with photographic evidence, confirmed that Shop No. 2 of dimensions 9×14 feet was operational as their insurance office, matching the size and requirement of the tenanted spaces.
  • Volume of Work Irrelevant to Subsisting Need: While client lists from LIC and Sriram Life Insurance proved that the petitioner’s son and daughter-in-law had a substantial volume of clients, the Court held this did not automatically prove a continuing requirement for additional premises once the alternative shop was actively functioning for that purpose.
  • Abatement of Residential Need: The original petitioner (Smt. Ravi Kanta Madhok) passed away during the pendency of the litigation, extinguishing any personal residential requirement tied directly to her.
  • Dismissal of Petitions: Finding no jurisdictional error, perversity, or error apparent on the face of the record in the ARC’s orders, the High Court dismissed the revision petitions.

2026 DHC 6770

Ravi Kanta Madhok (Since Deceased) Thr. LRs. v. Bal Krishan Khanna & Anr. (D.O.J. 17.08.2026)

2026 DHC 6770 click here to view full text of judgment

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Upholding Convictions in a Decades-Long Coma Case

August 21, 2026 No Comments

This criminal appeal challenged a trial court judgment dated August 24, 2009, which convicted the appellants (Prem Raj and Kewal Krishan) under Sections 308/34 and 323/34 of the Indian Penal Code, 1860 (IPC), sentencing them to rigorous imprisonment. The prosecution arose from an incident on March 15, 2000, where a violent altercation broke out in Mangolpuri, Delhi, resulting in severe injuries to victims Amol, Rajesh, and Shambhu. Notably, one of the victims, Amol Jha, suffered critical head trauma that left him in a prolonged comatose/vegetative state lasting years. The appellants raised 12 distinct arguments in their appeal—ranging from discrepancies in medical and ocular evidence to hostiles and missing witnesses—seeking to overturn their conviction. The High Court of Delhi dismissed the appeal entirely, upholding both the conviction and the sentence while noting the immense harrowing experience suffered by the victim and his family.

  • Status of Injured Witness Amol Jha: The court dismissed the argument regarding the omission of Amol Jha as a prosecution witness, noting he remained comatose and in a vegetative state from the date of the incident through his discharge from Apollo Hospital on January 11, 2002.
  • Motive and Landlord-Tenant Dispute: The appellants’ challenge regarding a misconstrued landlord-tenant dispute was rejected because motive becomes insignificant in the presence of direct, trustworthy eyewitness testimony.
  • Ocular vs. Medical Evidence: The court reaffirmed that medical opinions presenting alternative possibilities (such as a brick falling from a height) cannot override credible ocular testimony from injured victims unless the medical evidence completely rules out the prosecution’s version.
  • Credibility of Injured Witnesses: The court emphasized that the testimony of an injured witness carries a built-in guarantee of presence at the scene, making it highly reliable even if minor contradictions or alcohol consumption (smell of alcohol without a drunkenness opinion) are noted.
  • Juvenile Acquittal and Independent Witnesses: The acquittal of a co-accused juvenile by the Juvenile Justice Board has no binding bearing on independent adult trial proceedings, and the lack of independent public witnesses at a late-night incident is inconsequential.
  • Seizure of Weapons and Visibility: Poor street lighting did not negate the identification or recovery of weapons (stones and wooden planks), and the absence of bloodstains does not invalidate the offense given the nature of downward-impact head injuries.
  • Final Verdict: Finding no legal flaws or merits in the 12 grounds raised by the appellants, the Delhi High Court dismissed the appeal, maintained the conviction and sentence, and ordered the appellants to surrender forthwith to serve their remaining sentence.

2026 DHC 6745

Prem Raj & Anr. v. State of Delhi (D.O.J. 17.08.2026)

2026 DHC 6745 click here to view full text of judgment

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Arbitration: High Court Dismisses ITDC’s Set-Aside Petition Against Arbitral Award

August 21, 2026 No Comments

This petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by India Tourism Development Corporation (ITDC) seeking to set aside an Arbitral Award dated 30.10.2018 along with a subsequent order terminating the mandate dated 01.05.2019 passed by the Sole Arbitrator. The underlying dispute arose out of a contract awarded to M/s Bajaj Electricals Ltd. for the supply, installation, testing, and commissioning of specialized illumination and lighting works at the Safdarjung Tomb Monument in New Delhi. Following the completion of the work and the taking over of the site by the Archaeological Survey of India (ASI) in June 2009, disputes arose over outstanding payments, deductions made by ITDC towards statutory dues (Service Tax, ESI/EPF, labour cess), and execution variations, leading to company petitions and subsequent reference to arbitration. The Sole Arbitrator partially allowed the contractor’s claims, directing ITDC to pay a principal sum of ₹46,92,298.22/- along with interest. The High Court dismissed ITDC’s Section 34 petition, holding that the Arbitrator’s findings were well-reasoned, plausible, and did not suffer from patent illegality, perversity, or lack of a judicial approach.

  • Scope of Judicial Review under Section 34: The High Court reiterated that an arbitral award cannot be interfered with or re-appreciated on merits merely because an alternative view is plausible, as the interpretation of contractual terms and appreciation of evidence rest within the exclusive domain of the Arbitrator.
  • Justification for Release of Statutory Deductions: The Arbitral Tribunal rightly directed the release of withheld amounts concerning Service Tax, ESI/EPF, and labour cess upon noting that the contractor had submitted requisite compliance forms, ST-3 forms, indemnity bonds, and proofs, rendering arbitrary withholding by the employer unsustainable.
  • Rejection of Unsubstantiated Deductions: The Arbitrator properly examined the measurement books and record entries, finding no cogent contractual basis to sustain unilateral deductions made by ITDC towards minor specification changes without establishing corresponding actual losses or adhering to prescribed contractual mechanisms.
  • Award of Interest and Compliance: The grant of pendente lite and future interest by the Arbitral Tribunal was upheld as a legitimate exercise of discretion under the Arbitration and Conciliation Act, 1996, given the prolonged withholding of legitimate dues owed to the contractor since 2009.

2026 DHC 6810

India Tourism Development Corporation v. M/s Bajaj Electricals Ltd. (D.O.J. 17.08.2026)

2026 DHC 6810 click here to view full text of judgment

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Arbitration: Award Restricting Unsubstantiated Deductions and Delay Claims Upheld

August 21, 2026 No Comments

This petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by Ratnagiri Gas and Power Pvt. Ltd. (RGPPL) to challenge an Arbitral Award dated 03.09.2019 passed by the Sole Arbitrator. The underlying dispute arose from an e-auction tender for the sale of approximately 40,000 Metric Tonnes of Naphtha, wherein RGPPL had deducted USD 714,760.74 towards liquidated damages from the buyer’s security deposit due to delays in lifting the material. The Sole Arbitrator allowed the claims of the respondent (Dinowic Pte. Ltd.) for the refund of the deducted amount along with interest at 6% per annum, and completely rejected RGPPL’s counter-claims for interest on delayed remittances, exchange rate variations, and ground rent. The High Court dismissed RGPPL’s Section 34 petition, holding that the Arbitrator’s findings were plausible, well-reasoned, and did not suffer from any patent illegality or perversity warranting interference under the limited scope of judicial review.

  • Waiver of Timelines and Acceptance of Performance: The Sole Arbitrator noted that while there were delays on the part of the buyer in opening letters of credit (LCs) and lifting the Naphtha, RGPPL accepted the delayed performance without reservation, thereby waiving strict compliance with the contractual timelines.
  • Procedural Breach in Deducting Liquidated Damages: The Arbitrator rightly observed that the deduction of liquidated damages by RGPPL was executed in clear breach of the mandatory procedure stipulated under the contract.
  • Requirement of Proving Actual Loss: Reaffirming established principles on liquidated damages, the Arbitrator held that the clauses did not represent genuine pre-estimates of loss, and RGPPL failed to establish or prove any actual loss suffered by it to legally sustain the levy.
  • Scope of Interference under Section 34: The High Court underscored that an arbitral award cannot be interfered with merely because an alternative view is possible, as the interpretation of contractual terms and appreciation of evidence fall squarely within the domain of the Arbitrator.

2026 DHC 6806

Ratnagiri Gas and Power Pvt. Ltd. v. Dinowic Pte. Ltd. (D.O.J. 17.08.2026)

2026 DHC 6806 click here to view full text of judgment

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