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Scope of Disability Laws - Judgement


How should the sections of the PWD Act be interpreted?

Provisions in PWD Act Overrides

  • Union of India vs. Hasan Khan
  • Om Prakash Singh vs. Union of India and Others
  • A. Seshaiah vs. Commandant, Central Industrial Security Force Unit
  • Smt. Nilam vs. Union of India represented by General Manager, Western Railway

PWD Act Applicable Retrospectively

  • DTC vs. Harpal Singh
  • Rajbir Singh vs. Delhi Transport Corporation
  • S. Mohan vs. The Presiding Officer, Labour Court and the Management, Thanthi Periyar Transport Corporation
  • Delhi Transport Corporation vs. Presiding Officer, Labour Court IV and Anr

Difference between Various Types of Disabilities and its Causes

  • Shaji Kumar vs. Bharat Petroleum Corporation

Definition of disability

  • Rasala Gopal vs. Andhra Bank and others
  • Kumar Bharat Prasad Narian Singh vs. Airports Authority of India
  • Dilbagh Singh vs. Delhi Transport Corporation
  • Smt. Chuneela Kumari vs.Karunashanker
  • Km C.P. Prathima Devi vs. the Medical Council of India, New Delhi and Others
  • Km. Angna Sinhal vs. Medical Council of India, New Delhi and others
  • Hasankhan Gulamhussainkhan Khanjeda vs. State of Gujarat
  • Khant Harish Chandra Amar Singh vs. Superintendent of Police
  • Bogga Mallesh and Anr vs. the Commissioner, Disabled Welfare Department & Ors

Section 39 Applicable in Admission Cases

  • All Kerala Parents Association Hearing Impaired & Anr vs. State of Kerala &ors

What are the limitations of the Act?

Applicability of BSF Internal Rules

  • Sat Pal Singh vs. Union of India and Ors

Compensations Sought after being Superannuated are Invalid

  • Mahinder Singh vs. AIIMS and Ors

Instances when PWD Act not Applicable Retrospectively

  • Raj Narain Dubey vs. State of U.P and Ors

What are the other definitional concerns?

Transactions made by a person with Mental Disability

  • Karumanda Gounder vs. Muthuswamy Gounder
  • Tribhuwan Datt and Another vs. Someshwar Datt

Back to Disability Law and Access to Rights


Acts in Disability

The Mental Health Act

The RCI Act

The PWD Act

The National Trust Act

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Before you file a case

Disability and Litigation

Admission in Schools

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