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Motor Accident Claim
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@2014 Indian law
Important Judgement Updates:
Legal Maxim - "judex damnatur cum nocens absolvitur" - a Judge is condemned when guilty person escapes punishment.
Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and the Police officers are duty bound to register the same.
It is the duty of the party to lead evidence in support of its case, in absence of which the court is not under a legal obligation to determine the market value merely as per the prayer of the claimant - Situation every claimant cannot claim the same rate of compensation.
Whether a criminal case in which a charge sheet has been filed by the local/state investigating agency can/should be referred to Central Bureau of Investigation for further investigation? - Held - Yes.
Severability of a dying declaration - When a person is on his or her death bed, there is no reason to state a falsehood but it is equally true that it is not possible to delve into the mind of a person who is facing death.
NI Act Sec. 138 - Meaning of expression 'month'; whether it would mean only a period of 30 days and, consequently, whether 6 months would mean a period of 180 days - Period of 6 months could not be calculated on 30 days in a month basis.
Appeal against acquittal - Limits of interference by High Court - There was really no occasion for the High Court to have overturned the view of the Trial Court which was not only a reasonable view but a probable view of the events.
Under the provisions of Section 39(1)(iii) of the CrPC, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police.
An equitable relief - Court by a decree of specific performance compels the defaulting party to do that which in conscience he is bound to do, viz., actually and specifically to perform his contract.
Right to adopt a child - Till now restricted to Hindus, Buddhists and Jains - Extends to Muslims, Christians, Jews, Parsis and all other communities - Any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.
Arbitral Tribunal - Plea of jurisdiction - Not raised before it - Cannot be permitted to be raised for the first time in the Court.
If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Section 354 of the IPC is, as of today, non-compoundable - But, as noticed by Supreme Court it was compoundable when the instant offence was committed with the permission of the court.
Simply involvement of bus in accident cannot make respondent liable to pay compensation unless rash and negligent driving proved.
If two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable.
The word 'evidence' in Section 319 Cr.P.C. has to be broadly understood and not literally i.e. as evidence brought during a trial. A person not named in the FIR or a person though named in the FIR but has not been chargesheeted or a person who has been discharged can be summoned under Section 319 Cr.P.C
Jail Manual list does not mention Mobile phone or charger as one of the prohibited articles.
Language of art. 226 of Constitution does not permit such an action and once the Court finds no merits in the challenge
IPC Sec 406 - FIR as well as various invoices was produced - Allegations raised in FIR as well as documents, should not have quashed complaint.
CrPC Sec. 389 - Conviction in a corruption case - Conviction cannot be stayed in appeal on the ground that employee may lose his job.
Public purpose not defined - Violation Of Master Plan.
Evidence on record showed that the appellant has been constantly availing physiotherapy treatment facing difficulty in carrying out his normal activities and disability certificate showed permanent disability at 75%.
IPC 498 A - Family members of a person should not be implicated in a dowry case without any specific allegation.
Order not to arrest till the conclusion of the trial - Impermissibility. Once the criminal writ petition has been disposed of, the High Court becomes functus officio and cannot entertain review petitions or miscellaneous applications except for carrying out typographical or clerical errors.
In case the vehicle is seized by the financier, no criminal action can be taken against him as he is repossessing the goods owned by him.
International Commercial Arbitration - Interim Relief - Not Maintainable.
Arbitrator have the power to award interest - It is his discretion facts and circumstances of the case.
The Court is always vested with the power to delete the name of the parties who are neither necessary nor proper to the proceedings before the Court.
Defective Investigation - No serologist report obtained in relation to Daranti and blood stained pyjama - Prosecution would not fail on the ground. Defect in the investigation or omission on the part of the investigating officer, cannot prove to be of any advantage to the accused. Director General of Police directed to take disciplinary action against Investigating Officer irrespective of whether retired or in service - If retired action be taken with regard to deduction/stoppage of pension.
In the absence of proper explanation by the prosecution, the prosecution story cannot be disbelieved.
Accused are not entitled to anticipatory bail under Section 438 Cr.P.C. in view of bar created by Section 18 of 1989 Act which is special law. The Special Act cannot be easily brushed aside by elaborate discussion on the evidence.
Lawyers cannot be held liable for criminal prosecution if their advice causes pecuniary loss to the client. Liability against an opining advocate arises only when the lawyer was an active participant in a plan to defraud the client.
The Designated Court has only relied on the confessions recorded under TADA to convict the accused for offences under the Arms Act and the Explosive Substances Act. Conviction is vitiated on account of non-compliance of the mandatory requirement of prior approval under Section 20-A(1) of TADA, the confessions recorded cannot be looked into to establish the guilt under the aforesaid Acts.
When an offence is cognizable by the Sessions court, the Magistrate cannot probe into the matter and discharge the accused - He must commit the case to the Sessions Court and do nothing else.
Stay of Investigation by High Court - Order of Remand by Magistrate - Untenable in law.