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Search Results for "disability board"

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High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

High Court

Madras High Court Allows Disability Pension to Retired Army Personnel in Hypertension Case — Attributability to Military Service Established. Court sets aside Armed Forces Tribunal order, holds that hypertension is a stress-related disease attributable to military service under Pension Regulations for the Army, 1961.

5 Mar 2026

The petitioner, a retired Indian Army personnel, served for 34 years, 5 months, and 4 days before retiring on 31.5.2021. Prior to retirement, a Releas...

High Court

Madras High Court Examines Union Government's Challenge to Armed Forces Tribunal Order Granting Disability Pension – Dharamvir Singh Judgment's Applicability to Post-2008 Pension Regulations Considered. The Writ Petition Raised the Question Whether the AFT Erroneously Applied Dharamvir Singh to Pre-2008 Regulations While the Release Medical Board's Opinion Remained Unrebutted Under the 2008 Rules.

7 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by the Union of India through the Ministry of Defence and others, challengi...

High Court

Madras High Court Allows Writ Petition by Employer in Disability Pension Dispute, Setting Aside Armed Forces Tribunal Order Granting Pension Based on Dharamvir Singh Precedent. The Court Held That Dharamvir Singh Relied on Old Pension Regulations With Presumption Clause and Was Not Applicable to the New Pension Regulations for Army, 2008, Where Release Medical Board Opinion on Attributability is Final Unless Rebutted, Requiring Fresh Consideration Under the New Regulations.

7 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by the Union of India challenging the order of the Armed Forces Tribunal, R...

High Court

Madras High Court examines challenge by Union of India to Armed Forces Tribunal order granting disability pension under new Army Pension Regulations, 2008. Tribunal had relied on Dharamvir Singh precedent under old regulations; court analyses attributability and onus of proof under new scheme.

7 Mar 2025

The Madras High Court heard a writ petition filed by the Union of India under Article 226 of the Constitution seeking to quash an order of the Armed F...

High Court

High Court of Madras Considers Writ of Certiorari Against Armed Forces Tribunal's Order Granting Disability Pension Under Pension Regulations. Union of India Argues That Post-2008 Regulations Remove Presumptions, and Dharamvir Singh Decision Based on Old Rules Is Inapplicable.

7 Mar 2025

The Union of India, through the Ministry of Defence, filed a writ petition under Article 226 of the Constitution of India before the High Court of Jud...

Supreme Court

Supreme Court Allows Appeal Against Dismissal of Petition Challenging Portrayal of Persons with Disabilities in Film 'Aankh Micholi' — Remands to High Court for Merits Hearing. The Court held that the High Court erred in dismissing the writ petition on maintainability grounds without considering the substantial questions regarding the rights of persons with disabilities under the RPwD Act and the Cinematograph Act.

8 Jul 2024

The appellant, Nipun Malhotra, is the founder of an organization promoting disability awareness and is a person with arthrogryposis. He filed a writ p...

High Court

Bombay High Court Upholds Medical Council of India Regulations and Dismisses PwD Candidates' Challenge. Expert Disability Board Decision on Eligibility for Medical Course Held Final and Not Subject to Judicial Review.

12 Sep 2023

The petitioners, three candidates with locomotor disabilities, applied for admission to the Under Graduate Medical Course under the National Eligibili...

Supreme Court

Supreme Court Allows Appeal of Partially Blind Candidate for Civil Judge Post — Condition of 40%-50% Disability Held Invalid Under Persons with Disabilities Act, 1995. The Court held that restriction on disability percentage for identified posts must be based on expert committee determination, not arbitrary government decision.

22 Jan 2019

The appellant, a practicing advocate with 70% visual impairment, applied for the post of Civil Judge (Junior Division) in Tamil Nadu pursuant to a not...

High Court

High Court of Judicature at Bombay Dismisses Writ Petition Seeking Reinstatement and Disability Pension for Army Clerk Invalided Out for Neurosis. Neurosis Not Attributable to Military Service Under Pension Regulations for the Army, 1961; Invalidation Under Army Rule 13(3)III(iii) Upheld.

8 Oct 2014

The case arose from a writ petition filed by an army clerk who was invalided out of service on medical grounds due to neurosis (depressive reaction). ...

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