Law Web4h
Supreme Court: The merits of the case cannot be considered while dealing with the application for condonation of delay in filing the appeal.
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if ...
Law Web4h
Whether the court can convict accused U/S 302 R/W S 34 of IPC if he was charged U/S 302 R/W S 149 of IPC?
23. In paragraph 17 of the decision of this Court in Chandra Pratap Singh v. State of M.P. MANU/SC/1100/2023 : 2023:INSC:887 : (2023) 10 SCC 181, while dealing with conversion of charge from Section ...
Law Web5h
Supreme Court: Under which circumstances prosecution case can not be dismissed for non examination of independent witnesses
28. Next, in order to impeach the oral evidence of P.W. 3, P.W. 4 and P.W. 5, the Appellants asserted that there is no testimony of any independent witness, despite the place of crime as per the case ...
Law Web5h
Whether convict can challenge conviction on the ground of conversion of charge if he fails to prove Failure Of Justice?
26. Also, it is beyond any cavil of doubt that the burden to show that in fact a failure of justice has been occasioned is on the Accused. The decision in State of Uttar Pradesh v. Paras Nath Singh ...
Law Web8h
Supreme Court: Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation
There are cases where clean acquittal is granted by the criminal courts to the Accused after very long incarceration as an under trial. When we say clean acquittal, we are excluding the cases where ...
Law Web11h
Kerala High Court Elucidates 'Organized Crime' punishable U/S 111(1) Bharatiya Nyaya Sanhita (BNS), 2023 : A Comprehensive Analysis
Muhammad Rasheed Vs. State of Kerala Decided On: 13.08.2024, the High Court of Kerala has provided crucial clarification on the interpretation of 'organized crime' under the newly enacted Bharatiya ...
Law Web17h
Rajasthan HC: Complainant in Case Under S 138 of NI Act is victim, he can file appeal against acquittal before Sessions Court
This application for grant of leave to file appeal has been filed by complainant-Vikram Manshani against the judgment dated 12.02.2024 passed in Criminal Case No.3108/2016, where- ...
Law Web17h
Bombay HC: As per S.193 BNSS, police must inform progress in Investigation To Informant or victim
a Circular dated 23rd August 2024 has been issued for scrupulous compliance of the provisions of Section 193 (3) (ii) & (iii) of the BNSS. The said Circular is taken on record. 6. In view of the ...
Law Web17h
Karnataka HC: Notice To Accused under S.223 BNSS Can't Be Issued Before Recording Sworn Statement Of Complainant & Witness
The Magistrate while taking cognizance of an offence should have with him the statement on oath of the complainant and if any witnesses are present, their statements. The taking of cognizance under ...
Law Web6d
Bombay HC: Multiplier method is to be used to quantify the loss of income as a result of death or permanent disability suffered in an accident.
Citation: MANU/MH/0012/2022.
Law Web6d
Bombay HC denies contributory negligence of car driver whose car dashed trailer with no parking or tail lights...
Shivkumar Dige, J.:— This Appeal is preferred by Appellant-Insurance Company against the judgment and order passed by the Motor Accident Claims Tribunal (‘the Tribunal’ for short), Pune.
Law Web6d
What is duty of Motor accident claim tribunal while recording evidence of doctor in motor accident claim petition regarding personal injury?
If a Doctor giving evidence uses technical medical terms, the Tribunal should instruct him to state in addition, in simple non-medical terms, the nature and the effect of the injury. If a doctor gives ...