Determination of Compensation in case of Permanent Disability S. 166
In this case, victim aged about 5 yrs, rendered paraplegic due to the accident, having suffered several injuries. He was not able to move both his legs and had complete…
Business or Revenue Expenditure
Expenses incurred by pharmaceutical company for distribution of incentives i.e. “freebies” to medical practitioners/doctors are not eligible for the benefit of S. 37(1) of the IT Act, 1961 It is…
Civil Procedure Code, 1908 — Or. 41 R. 27 — Admissibility of additional evidence in appellate court not adduced in the court of original jurisdiction:
Admissibility of additional evidence under Or. 41 R. 27 CPC does not depend upon the relevancy of the issue on hand, or whether the applicant had an opportunity for adducing such evidence at an earlier…
Penal Code, 1860 — Ss. 302/120-B and 342/120-B
Conspiracy and membership of appellant in conspiracy to rob and murder shop-owner rich in cash and gold from money-lending business, instigated by his employee along with other co-accused, including appellant,…
Evidence Act, 1872 —— Admissibility of electronic records in case of Non-compliance with requirement of certification of electronic evidence under Ss. 65-A and 65-B
Certificate under S. 65-B(4), Evidence Act is mandatory for production of electronic evidence, oral evidence in place of such certificate cannot suffice. Evidence supporting conviction of accused in kidnapping and committing murder of…
Penal Code, 1860 — S. 300 [S. 300 Thirdly] and Ss. 341, 447, 504 and 506 — Determination of Case whether one of murder, when the assault is not made with any weapon, but only by legs and hands
In this case, material clearly established that after deceased fell down with the help of co-accused, accused K kicked and assaulted deceased on his neck with his legs and hands.…
Criminal Law — Victimology Criminal Trial and Principles for sentencing- Just punishment or more
Recognizes protection of victim’s right — Right of victim or their near and dear ones to seek enhancement of sentence: Victim’s right (including that of victim’s relations, heir or guardian), is…
Motor Vehicles Act, 1988 — Ss. 166 and 168 — Just compensation — Selection of multiplier
Applying split multiplier i.e. one multiplier up to date of retirement and another multiplier after retirement of deceased is not permissible. Only one multiplier is to be applied keeping in…
Penal Code, 1860 — S. 34 — Applicability of — When attracted
To attract applicability of S. 34 prosecution is under obligation to establish that there existed common intention which requires prearranged plan. Before a person can be vicariously convicted for criminal…
Protection of Children from Sexual Offences Act, 2012 — Ss. 7 to 12, 29 and 30 — “Sexual assault” as defined in S. 7 — Meaning and Ingredients of
Expressions “touches” or “touch” in first part of S. 7, and, “physical contact” in second part of S. 7, cannot be construed as “skin-to-skin” contact. The most important ingredient for…