Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court
1 month ago

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST Act read with the Rules is intrinsically linked to the continuation of legal proceedings.“The intent of the. The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement. Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST Act read with the Rules is intrinsically linked to the continuation of legal proceedings. It added, “Ideally, any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.” The Court made the observations while dismissing a plea moved by a man challenging an order passed by the Sub Divisional Magistrate sanctioning an amount of Rs.

Legal Compensation Court Legal Proceedings Victim Delhi High Court Rules Fir Act Petitioner  returned  fir  atrocities  compensation  scheduled  quashed  victim  received  settlement  rules  court  legal  act  delhi  scst  saidit  high

History of this topic

Madras High Court Calls Manual Scavenger's Death 'Homicide By Insensitive Society', Orders ₹10 Lakh Compensation To Kin
2 days, 15 hours ago

Madras High Court Calls Manual Scavenger's Death 'Homicide By Insensitive Society', Orders ₹10 Lakh Compensation To Kin

Live Law  

The Madras High Court has ordered the Chennai Metropolitan Water Supply & Sewage Board to pay Rs 10 Lakh compensation to the family of a man who died while doing manual scavenging in 2000. Sridhar's father Kannaiyan then approached the Deputy Commissioner of Labour Workman Compensation Though the compensation claim was filed in 2002, the case was first taken up …

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates
1 week, 4 days ago

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

Live Law  

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in …

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide
1 month, 1 week ago

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide

Live Law  

The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the …

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court
1 month, 2 weeks ago

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court

Live Law  

The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation, it …

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
1 month, 4 weeks ago

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. Observations: The court held that the impugned award did not warrant interference under section 34 of the Arbitration Act being predicated on a plausible interpretation …

Delhi HC directs BSES to pay ₹10 lakh ex gratia compensation to widow of Sub Inspector
4 months ago

Delhi HC directs BSES to pay ₹10 lakh ex gratia compensation to widow of Sub Inspector

The Hindu  

The Delhi High Court in a recent order has directed power discom BSES to pay an ex gratia compensation of ₹10 Lakh to the widow of a Sub Inspector who died due to electrocution in 2017. Justice Purushaindra Kumar Kaurav said the judgement, “In light of the benefits already extended to the petitioner, the Court, in its discretion, deems it …

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
8 months ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

Make Efforts To Pay Additional ₹20 Lakhs Compensation To Families Of Those Who Died Due To Manual Scavenging: High Court To Delhi Govt
11 months ago

Make Efforts To Pay Additional ₹20 Lakhs Compensation To Families Of Those Who Died Due To Manual Scavenging: High Court To Delhi Govt

Live Law  

The Delhi High Court has asked the Delhi Government to make efforts to pay the additional compensation of Rs. “This Court expects that the State will endeavour to pay the balance of Rs.20 lakh to all similarly placed persons instead of forcing the family members of persons who have lost their lives in manual scavenging to approach this Court by …

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor
1 year ago

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor

Live Law  

The Calcutta High Court has directed the State Legal Services Authority to consider and enhance the compensation awarded to a male acid attack survivor. Under the West Bengal Victim Compensation Scheme, the petitioner was paid Rs 3 lakh, which was the minimum stipulated amount.A single bench of Justice Sabyasachi Bhattacharya upon noting that the petitioner had credibly pointed out that. …

High Court Seeks Delhi Govt’s Response On PIL Seeking Release Of Ex-Gratia Compensation To Families Of Cops Who Died On COVID-19 Duty
1 year, 9 months ago

High Court Seeks Delhi Govt’s Response On PIL Seeking Release Of Ex-Gratia Compensation To Families Of Cops Who Died On COVID-19 Duty

Live Law  

The Delhi High Court on Tuesday sought Delhi government’s response on a public interest litigation seeking release of the ex-gratia compensation of Rs. 1 crore to families of police officers who died on duty during COVID-19 pandemic.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice on the plea moved by two advocates and a …

Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh
2 years, 2 months ago

Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh

Live Law  

Ordering increase in the amount of compensation for survivors of child sexual abuse from Rs 7 lakh to at least Rs 10.5 lakh under the 2018 Delhi Victim Compensation Scheme, the Delhi High Court on Thursday said that the final compensation to the victims must be the maximum amount as provided in the scheme's schedule.The schedule of 2018 scheme mentions …

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014
2 years, 8 months ago

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014

Live Law  

The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes Act and the Scheduled Castes and Scheduled Tribes Amendment Rules, 2016, for an offence committed against her in the year 2014. While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes …

Singhu Border Lynching: Family of Dalit Man Gets 50% Compensation Amount, Says NCSC
3 years, 2 months ago

Singhu Border Lynching: Family of Dalit Man Gets 50% Compensation Amount, Says NCSC

News 18  

National Commission for Scheduled Castes Chairman Vijay Sampla on Tuesday said the Haryana government has released half of the compensation amount to the next of kin of a Dalit man, who was lynched at a farmers' protest site at the Singhu border. In a statement, Sampla said through the Prevention of Atrocities Act, Singh's family will get Rs 8.25 lakh …

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View
3 years, 5 months ago

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View

Live Law  

The Delhi High Court has directed the Delhi Legal Services Authority to reconsider a woman's application for interim compensation under the victim compensation scheme, which was earlier rejected for the reason that she was neither contactable nor any documents were given by her to support her claim. Justice Rekha Palli asked the DLSA to take a holistic view of the …

Bombay High Court Issues Notice On Plea Challenging Decision To Divest SLSA, DLSA From Awarding Compensation Under Goa Victim Compensation Scheme
3 years, 6 months ago

Bombay High Court Issues Notice On Plea Challenging Decision To Divest SLSA, DLSA From Awarding Compensation Under Goa Victim Compensation Scheme

Live Law  

The Bombay High Court, Goa Bench, has sought response of the Central Government and Goan administration on a plea challenging the amendment made in Goa Victim Compensation Scheme, 2012, divesting the jurisdiction of State and District Legal Service Authorities in deciding and awarding compensation to victims. In view of this, the plea states that the impugned amendment is "patently illegal", …

"System Can't Turn The Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim
3 years, 7 months ago

"System Can't Turn The Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim

Live Law  

In a significant observation, the Delhi High Court on Thursday, while awarding ₹6 lakh as interim compensation to a minor victim of sexual assault, remarked, "Since the system cannot turn the clock back nor 'undo' the offence, there is little else the court can do other than prosecute the offender and provide to the victim whatever psychological security and sense …

Delhi Victims Compensation Scheme Permits Grant Of Compensation In Case Of Custodial Deaths: DSLSA Tells Delhi High Court
3 years, 8 months ago

Delhi Victims Compensation Scheme Permits Grant Of Compensation In Case Of Custodial Deaths: DSLSA Tells Delhi High Court

Live Law  

The Delhi High Court on Tuesday directed the State Legal Services Authority to expeditiously process the application for compensation made by the widow of an alleged thief, who died in judicial custody. On being informed that the Delhi Victim Compensation Scheme, 2018 permits the grant of compensation in case of custodial deaths, a Single Bench of Justice Pratibha M. Singh …

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage
3 years, 9 months ago

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage

Live Law  

The Supreme Court has affirmed a Delhi High Court decision that a widow's right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. By dismissing the SLP against the Delhi High Court decision, the Supreme Court has affirmed that the right of a widow …

Delhi High Court Seeks Govt Response On Plea Against Differential Compensation For Major & Minor Riots Victims
3 years, 10 months ago

Delhi High Court Seeks Govt Response On Plea Against Differential Compensation For Major & Minor Riots Victims

Live Law  

A single judge bench of Justice Prathiba Singh today sought response from the Delhi government on its scheme for compensation of Delhi riots' victims, which has been alleged to be discriminatory for awarding different compensation amounts to families of major and minor deceased riots' victims. The court also issued notice to the Sub-Divisional Magistrates of Seelampur and Yamuna Vihar, on …

Delhi Riots: Delhi High Court Issues Notice To Delhi Govt In Plea Seeking Compensation For Victims
4 years, 1 month ago

Delhi Riots: Delhi High Court Issues Notice To Delhi Govt In Plea Seeking Compensation For Victims

Live Law  

Delhi High Court has issued notice in a plea seeking interim and full compensation for the victims of the riots that broke out in the northeast districts of Delhi. It is argued that these victims immediately require interim and full compensation but the amount specified by the Delhi Government in its compensation scheme is inadequate to provide relief. Seeking financial …

Delhi HC Directs Delhi Govt To Expeditiously Process Application Seeking Compensation For Injury Sustained During Delhi Riots [Read Order]
4 years, 6 months ago

Delhi HC Directs Delhi Govt To Expeditiously Process Application Seeking Compensation For Injury Sustained During Delhi Riots [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to expeditiously process an application moved for seeking compensation for sustaining serious injury during the Delhi riots. The court perused the Delhi Government's Assistance Scheme for riot victims which shows that for riots victims having serious injury, the compensation awarded is Rs.2 lakhs, with an immediate relief of Rs.25,000/- to be released …

Delhi HC Dismisses Plea Challenging Delhi Govt's Compensation Scheme For Victims Of Delhi Riots
4 years, 10 months ago

Delhi HC Dismisses Plea Challenging Delhi Govt's Compensation Scheme For Victims Of Delhi Riots

Live Law  

Delhi High Court has refused to intervene in a plea challenging the compensation announced by the Delhi Government for the victims of Delhi Riots. Moved by Advocate Shashank Deo Sudhi, the plea was filed against, what he called, the unreasonable and arbitrary announcement for compensation without identifying the real victims of riots. Direction to the Delhi Government for laying down …

SC Directs Kerala Govt. To Pay Rs. 5 Lakh Compensation To Four Children Affected By Endosulfan [Read Order]
5 years, 6 months ago

SC Directs Kerala Govt. To Pay Rs. 5 Lakh Compensation To Four Children Affected By Endosulfan [Read Order]

Live Law  

The Supreme Court has directed the Kerala Government to pay compensation of Rupees five lakhs each to four children, who are victims of Endosulfan. The bench comprising Justice DY Chandrachud and Justice Indira Banerjee ordered thus in a contempt petition filed by four children viz. On a petition filed by the Democratic Youth Federation of India, the Supreme Court had, …

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