Interim direction by arbitrator to lessee to deposit rental amount for period of : (a) complete closure, and (b) partial closure of the premises run as a restaurant and bar, during COVID-19 Lockdown, by applying force majeure principle contained in agreement. Arbitrator however failed to consider the import and effect of force majeure principle and […]
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 constituting offence of “sexual assault” under S. 7 is “sexual intent” and not “skin-to-skin” contact. Crucially, neither S. 7 nor any other provision of the
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 act of another, act must have been done in furtherance of common intention of all. In absence of prearranged plan and thus a common intention,
Penal Code, 1860 — S. 34 — Applicability of — When attracted Read More »
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 view age of the deceased based on principles laid down by the Supreme Court. [R. Valli v. T.N. State Transport Corpn. Ltd., (2022) 5 SCC 107
Motor Vehicles Act, 1988 — Ss. 166 and 168 — Just compensation — Selection of multiplier Read 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 a facet of human rights, a substantive and enforceable right and deserves equal regard. Criminal cannot be treated leniently solely on the ground of discretion
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. Ocular version supported by medical evidence, which indicated that the deceased suffered abraded contusion of reddish blue colour on the neck area and abraded contusion
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 deceased children, held, is marred with inconsistencies and contradictions, thereby making it impossible to sustain conviction solely on such circumstantial evidence- conviction reversed. [Ravinder Singh v. State
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, whether proved, determined. Held, the involvement of the appellant along with other co accused has been fully proved by the prosecution beyond the reasonable doubt.
Penal Code, 1860 — Ss. 302/120-B and 342/120-B Read More »
In this case, Full Court of High Court recommended compulsory retirement of petitioner from post of Additional District & Sessions Judge for irregular deposits/withdrawal from his bank account, rejecting reports of Vigilance/Disciplinary Committee dt 17-10-2018 and 18-12-2019 exonerating him. The Supreme Court held, decision/report of Vigilance/Disciplinary Committee not binding on Full Court. On facts it
Forum shopping: Two simultaneous proceedings, arising from same cause of action were initiated by the Respondent amounting to abuse of process of law which is barred. Held, Forum shopping has been termed as disreputable practice by courts and has no sanction in law. Multiple complaints by same party against same accused in respect of same
Criminal Law — Criminal Trial — Practice and Procedure Read More »
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