Person on coming to know about commission of offence under POCSO Act, held, is obliged to promptly report the same to the specified authorities. Failure to do so must be regarded as a serious offence even though punishment prescribed under S. 21 is not severe. Supreme Court under parens patriae jurisdiction has duty to give […]
Protection of Children from Sexual Offences Act, 2012 — Ss. 19 and 21 — Object Read More »
Various heads for awarding compensation: Deceased was aged 28 yrs at the time of accident. Considering notional income @ Rs 6500 per month as determined by High Court, adding 40% towards future prospects, deducting ⅓rd towards personal expense of deceased and applying multiplier of 17, claimant was held entitled to Rs 12,37,790 under head loss
Motor Vehicles Act, 1988 — Ss. 166, 168 and 171 — Fatal accident — Compensation claim Read More »
Mere failure to verify the documents, without any further evidence against officers of Selection Committee, whether enough to implicate them, determined. Appellants having relied on the documents placed on record without any verification, on the assumption that the documents being genuine and having recommended the case for appointment, held, there was insufficient evidence to proceed
Principles to be adopted by Tribunals/Courts for determination of compensation in cases of permanent disability due to motor accident, extensively surveyed and summarized. THE PECUNIARY EXPENSES Loss of earning for 6 months Medical Expenses Future Medical Expenses Attendant Charges Litigation Expenses Loss of Conveyance NON-PECUNIARY EXPENSES Pain and Suffering Marriage Prospects Loss of Amenities Judgments
Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability: Read More »
In this case, there was rejection of candidature of appellant solely on ground of his involvement in criminal case under S. 498-A IPC, in which he was subsequently acquitted. Held, neither there was any suppression of material fact on the part of the appellant nor he was convicted for any offence under the IPC. The alleged
Service Law — Police — Appointment — Post of Police Constable Read More »
Sanction or prior approval for prosecution under MCOCA: This sanction order dated 05.11.2020 is the bone of contention in the present matter. Held, this Court has repeatedly said that when an accused is absconding and is declared as proclaimed offender, there is no question of giving him the benefit of Section 438 CrPC. What has been observed
Deceased wife allegedly burnt by her in laws on 20-12-2011, because of non fulfilment of their dowry demand Two dying declarations recorded, first by IO and second by magistrate. Magistrate had no animus against the accused. In this declaration, deceased clearly implicated both accused. Statement of the deceased in first dying declaration that she locked
Evidence Act, 1872 — S 32(1) Penal Code, 1860- S 302 r/w S 34 Read More »
Mere intoxication, held, not enough to attract S. 86. Son Murdered Father- a case of patricide albeit both the father and the son were drinking together. The effect of alcohol may have resulted in a quarrel inter se the father and the son. In this altercation, the appellant picked up a Nagar Wood and inflicted few injuries to his father,
Principles clarified regarding effect of omission to frame proper charge and to put relevant circumstances to accused during their examination under S. 313 (in a murder case) and applicability of Ill. (e) of S. 213 CrPC. Held, As can be seen from the oral evidence, the post-mortem reports and examination of the doctor, Harpal Singh
Criminal Procedure Code, 1973 — Ss. 211, 212, 213 and Ill. (e) thereto, 215, 313 and 464 Read More »
Scope of judicial review of State action in a matter arising from non-statutory contract on ground of arbitrariness, explained. Held, We would, therefore, sum up as to when an act is to be treated as arbitrary. The court must carefully attend to the facts and the circumstances of the case. It should find out whether
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