SC invites SCBA reform suggestions, expands ‘legal representative’ under MV Act, and eases redevelopment for censused slums—landmark rulings shaping India’s legal landscape.
DAILY CURRENT AFFAIRS (12 MARCH 2025)
SCBA BYE-LAWS REFORM: COMMITTEE HEADED BY JUSTICE L. NAGESWARA RAO INVITES SUGGESTIONS
Case Name: Supreme Court Bar Association vs. BD Kaushik
The committee, presided over by ex-Supreme Court judge Justice L. Nageswara Rao, invites members of the SCBA to come up with suggestions on the SCBA bye-laws that need to be amended especially those related to elections. Members may give their views on various aspects related to eligibility criteria, tenure, executive committee strength, and grounds of disqualification. Suggestions should be submitted via email limited to 2 pages before March 20, 2025.
Legal Provision
- Advocates Act, 1961: Governs bar associations and professional conduct.
- SCBA Bye-laws: Define election rules, membership criteria, and governance.
- Article 145 of the Indian Constitution empowers the Supreme Court to frame rules for its practice and procedure.
Source: Supreme Court of India
SUPREME COURT: ‘LEGAL REPRESENTATIVE’ UNDER MOTOR VEHICLES ACT TO HAVE A BROADER INTERPRETATION
Case Name: Sadhana Tomar & Ors. vs. Ashok Kushwaha & Ors.
The apex court also held that a “legal representative” as referred to in a motor vehicle accident claim is not restricted to immediate family members, but refers to anyone eligible to be dependent on the income of the deceased for their livelihood. By ruling in this manner, the Supreme Court set aside lower court decisions that restricted the claim of a father and a younger sister of a deceased to loss of dependency for their ineligibility to compensation.
Legal Provision
- Motor Vehicles Act, 1988 (Section 166): Provides for compensation claims by legal representatives.
- Gujarat SRTC vs. Ramanbhai Prabhatbhai (1987) 3 SCC 234: Recognized broader legal representative rights.
- N. Jayasree vs. Cholamandalam MS General Insurance (2022) 14 SCC 712: Affirmed loss of dependency as a compensation criterion.
Source: Supreme Court of India
SUPREME COURT: ‘CENSUSED SLUMS’ AUTOMATICALLY ELIGIBLE FOR REDEVELOPMENT
Case Name: Mansoor Ali Farida Irshad Ali & Ors. vs. The Tahsildar-I, Special Cell & Ors.
The apex court ruled that there can be redevelopment of such slum areas as defined under ‘censused slums’-even if they are situated on government or municiple lands- without any requirement of separate notifications under the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. The judgment was against the occupants who had contended for the Redevelopment Scheme of Slum Rehabilitation Authority (SRA) in Mumbai.
Legal Provision
- Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971: Governs slum rehabilitation.
- Development Control Regulations (DCR), Regulation 33(10): Provides for slum redevelopment eligibility.
- Slum Rehabilitation Authority (SRA) Rules: Regulates eviction, relocation, and compensation procedures.
Source: Supreme Court of India
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