Disability Law

Supreme Court Directs Appointment of Visually Impaired Candidates in Civil Services Backlog Vacancies: Union of India vs. Pankaj Kumar Srivastava (2024)

/ Disability Law, Disability Law with Section 33, Disability Law with Section 36, Indian Constitution, Indian Constitution with Article 142, Persons with Disabilities Act, 1995

Supreme Court Directs Appointment of Visually Impaired Candidates in Civil Services Backlog Vacancies: Union of India vs. Pankaj Kumar Srivastava (2024) LEGAL ISSUE: Whether the Union of India failed to implement the reservation policy for persons with disabilities, specifically visually impaired candidates, in civil services. CASE TYPE: Civil Service/Disability Law Case Name: Union of India […]

Supreme Court Directs Appointment of Visually Impaired Candidates in Civil Services Backlog Vacancies: Union of India vs. Pankaj Kumar Srivastava (2024) Read Post »

Supreme Court restores 100% functional disability for amputated gunman in motor accident case: Sarnam Singh vs. Shriram General Insurance Co. Ltd. (2023) INSC 606 (4 July 2023)

/ Compensation, Disability Law, Loss of Earning Capacity, Motor Accident Claims Tribunal, Motor Vehicle Act, 1988, Permanent Disability

Supreme Court restores 100% functional disability for amputated gunman in motor accident case: Sarnam Singh vs. Shriram General Insurance Co. Ltd. (2023) INSC 606 (4 July 2023) LEGAL ISSUE: Determination of functional disability in motor accident compensation cases involving amputation. CASE TYPE: Motor Accident Compensation Case Name: Sarnam Singh vs. Shriram General Insurance Co. Ltd.

Supreme Court restores 100% functional disability for amputated gunman in motor accident case: Sarnam Singh vs. Shriram General Insurance Co. Ltd. (2023) INSC 606 (4 July 2023) Read Post »

Supreme Court Enhances Compensation for Lorry Cleaner Injured in Road Accident: T.J. Parameshwarappa vs. The Branch Manager, New India Assurance Co. Ltd. (2022)

/ B.R. Gavai, B.V. Nagarathna, Compensation, Judges, Loss of Earning Capacity, Motor Vehicle Accidents, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Permanent Disability

Supreme Court Enhances Compensation for Cleaner Injured in Lorry Accident LEGAL ISSUE: Assessment of compensation in motor accident injury cases, particularly concerning permanent disability and loss of earning capacity. CASE TYPE: Motor Vehicle Accident Compensation Case Name: T.J. Parameshwarappa @ Parameshwarappa @ J.T. Parameshwarappa @ Talalkena Gowdra Parameshwarappa vs. The Branch Manager, New India Assurance

Supreme Court Enhances Compensation for Lorry Cleaner Injured in Road Accident: T.J. Parameshwarappa vs. The Branch Manager, New India Assurance Co. Ltd. (2022) Read Post »

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability: Naman Verma vs. The Director, IIT Bombay (2022)

/ Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 226, Disability Law, Judges, Persons with Disabilities Act, 1995, Rights of Persons with Disabilities Act, 2016, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability LEGAL ISSUE: Whether a student with a learning disability, specifically Dyscalculia, is entitled to relief under the Persons with Disabilities Act, 1995. CASE TYPE: Education Law, Disability Rights. Case Name: Naman Verma vs. The Director, The Indian Institute of Technology Bombay

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability: Naman Verma vs. The Director, IIT Bombay (2022) Read Post »

Mental Disability and Workplace Discrimination: Supreme Court Protects Rights of Employees in Disciplinary Proceedings (17 December 2021)

/ Dhananjaya Y Chandrachud, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, Mental Healthcare Act 2017, Non-discrimination in employment, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 47, Reasonable Accommodation, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 20, Surya Kant, Vikram Nath

Supreme Court Protects Rights of Employees with Mental Disabilities in Disciplinary Proceedings LEGAL ISSUE: Whether disciplinary proceedings initiated against an employee with a mental disability constitute workplace discrimination under the Rights of Persons with Disabilities Act 2016. CASE TYPE: Service Law, Disability Rights Case Name: Ravinder Kumar Dhariwal & Anr. vs. The Union of India

Mental Disability and Workplace Discrimination: Supreme Court Protects Rights of Employees in Disciplinary Proceedings (17 December 2021) Read Post »

Supreme Court Directs Pupil-Teacher Ratio for Special Needs Education in Writ Petition (Civil) No. 132 of 2016 (28 October 2021)

/ A.M. Khanwilkar, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 32, Dinesh Maheshwari, Disability Law, Education Law, Inclusive Education, Judges, Rehabilitation Council of India Act, 1992, Right to Education Act, 2009, Rights of Persons with Disabilities Act, 2016, Special Education

Supreme Court Directs Pupil-Teacher Ratio for Special Needs Education Date of the Judgment: 28 October 2021 Citation: Rajneesh Kumar Pandey & Ors. vs. Union of India & Ors. (2021) INSC 747 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J., C.T. Ravikumar, J. How can we ensure that children with special needs receive the quality education they

Supreme Court Directs Pupil-Teacher Ratio for Special Needs Education in Writ Petition (Civil) No. 132 of 2016 (28 October 2021) Read Post »

Supreme Court Enhances Compensation for Severely Disabled Accident Victim: Jithendran vs. New India Assurance Co. Ltd. (27 October 2021)

/ Compensation for Disability, Hrishikesh Roy, Judges, Loss of Earning Capacity, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, R. Subhash Reddy

Supreme Court Enhances Compensation for Severely Disabled Accident Victim: Jithendran vs. New India Assurance Co. Ltd. (2021) LEGAL ISSUE: Determination of ‘just’ compensation in motor accident claims, particularly for victims with severe permanent disabilities. CASE TYPE: Motor Accident Compensation. Case Name: Jithendran vs. The New India Assurance Co. Ltd. & Anr. Judgment Date: 27 October

Supreme Court Enhances Compensation for Severely Disabled Accident Victim: Jithendran vs. New India Assurance Co. Ltd. (27 October 2021) Read Post »

Supreme Court Upholds Promotion Rights for Disabled Employees: State of Kerala vs. Leesamma Joseph (2021)

/ Constitutional Law, Judges, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 32, Persons with Disabilities Act, 1995 with Section 33, Persons with Disabilities Act, 1995 with Section 47, R. Subhash Reddy, Right to Equality, Sanjay Kishan Kaul

Supreme Court Upholds Promotion Rights for Disabled Employees: State of Kerala vs. Leesamma Joseph (2021) Date of the Judgment: June 28, 2021 Citation: 2021 INSC 414 Judges: Sanjay Kishan Kaul, J. and R. Subhash Reddy, J. Can a person with a disability, who was appointed on compassionate grounds, claim reservation in promotions under the Persons

Supreme Court Upholds Promotion Rights for Disabled Employees: State of Kerala vs. Leesamma Joseph (2021) Read Post »

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021)

/ Dinesh Maheshwari, Disability Law, Hrishikesh Roy, Judges, Labour Law, Maritime Law, National Maritime Board Agreement, Persons with Disabilities Act, 1995, Rights of Persons with Disabilities Act, 2016, Sanjay Kishan Kaul, Service Law

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021) LEGAL ISSUE: Interpretation of “injury” in maritime employment contracts for disability compensation. CASE TYPE: Labour Law/Service Law. Case Name: Nawal Kishore Sharma vs. Union of India and Ors. [Judgment Date]: 10 February 2021 Introduction Date of the Judgment: 10

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021) Read Post »

Supreme Court Enhances Compensation for 100% Disabled Minor in Motor Accident Case: Kajal vs. Jagdish Chand & Ors. (2020) INSC 113 (05 February 2020)

/ Compensation, Damages, Deepak Gupta, Disability Law, Judges, L. Nageswara Rao, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 171, Personal Injury Law

Supreme Court Enhances Compensation for 100% Disabled Minor in Motor Accident Case Date of the Judgment: 05 February 2020 Citation: (2020) INSC 113 Judges: L. Nageswara Rao, J., Deepak Gupta, J. Can a court adequately compensate a child for a lifetime of disability caused by a motor accident? The Supreme Court of India recently addressed

Supreme Court Enhances Compensation for 100% Disabled Minor in Motor Accident Case: Kajal vs. Jagdish Chand & Ors. (2020) INSC 113 (05 February 2020) Read Post »

Supreme Court settles reservation in promotions for persons with disabilities: Siddaraju vs. State of Karnataka (2020) INSC 26 (14 January 2020)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 16(1), Constitutional Law with Article 16(4), Judges, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 33, R.F. Nariman, Reservation in Promotions, V. Ramasubramanian

Supreme Court Clarifies Reservation in Promotions for Persons with Disabilities Date of the Judgment: 14 January 2020 Citation: (2020) INSC 26 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can persons with disabilities be given reservation in promotions? The Supreme Court of India addressed this crucial question, clarifying the extent of reservation for

Supreme Court settles reservation in promotions for persons with disabilities: Siddaraju vs. State of Karnataka (2020) INSC 26 (14 January 2020) Read Post »

Supreme Court Enhances Compensation for Driver with 100% Disability Under Workmen’s Compensation Act (10 December 2019)

/ Functional Disability, Indu Malhotra, Judges, Loss of Earning Capacity, Uday Umesh Lalit, Workmen's Compensation Act, 1923, Workmen's Compensation Act, 1923 with Section 4

Supreme Court Enhances Compensation for Driver with 100% Disability Under Workmen’s Compensation Act LEGAL ISSUE: Assessment of functional disability and compensation under the Workmen’s Compensation Act, 1923 for a driver who can no longer work due to injuries. CASE TYPE: Workmen’s Compensation. Case Name: Sri Chanappa Nagappa Muchalagoda v. Divisional Manager, New India Insurance Company

Supreme Court Enhances Compensation for Driver with 100% Disability Under Workmen’s Compensation Act (10 December 2019) Read Post »

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