Indian Penal Code, 1860; Section 306– While considering the question as to whether a person can be convicted under Section 306, IPC or whether a conviction thereunder could be sustained, one has to consider the mens rea of the accused/convict to bring about suicide of the victim. Needless to say, that it requires an active …
Bail– The purpose of directing an accused who has been released on bail to furnish surety is to ensure that the accused is present to answer further proceedings including at the trial. Determining the amount of surety at an unreasonably high amount effectively defeats the very purpose of the grant of bail and infringes the …
Motor Accident Compensation Claims -It is the age of the deceased which ought to be taken into consideration and not the age of the dependents for arriving at the multiplier. (Para 5) [In this case, HC changed the multiplier from 17 to 13 as the deceased was a bachelor and the claimants being his parents, …
Constitution of India, 1950; Article 226 -Powers of judicial review can always be exercised by a writ Court under Article 226 of the Constitution of India but wherever there are disputed questions of facts that need adjudication, it is best left to the competent forum to adjudicate the same by examining the evidence brought on …
Environmental Law – Mining activities being undertaken in Districts – Bellary, Chitradurga and Tumkur in Karnataka – Directions issued – CEC, together with the Monitoring Committee and aid and advice of the Oversight Authority, to undertake a complete exercise in the three districts, and the respective mining leases situated therein, and submit a report.
Bail – Appeal against HC order granting bail to murder accused allowed – Setting aside bail order, SC observed: the High Court merely noticing the arguments raised primarily by the counsel for the respondent no.2 has directed for his release on bail, which cannot be legally sustained
Constitution of India, 1950; Article 32, 226 – CBI Investigation – Circumstances under which the Constitutional Courts would be empowered to issue directions for CBI enquiry to be made – Referred to State of West Bengal and Others vs Committee for Protection of Democratic Rights, West Bengal and others (2010) 3 SCC 571 : the …
Awungshi Chirmayo vs Government of NCT of Delhi 2024 INSC 249 – CBI Investigation Read More »
Code of Civil Procedure, 1908; Section 15-20 – Section 20, CPC, which provides that a suit can be initiated where the defendant resides or cause of action arises is a residuary provision only applicable to cases beyond those in Section 15 to 19, CPC.- Referred to Harshad Chiman Lal Modi v. DLF Universal Ltd., (2005) …
Acme Papers Ltd. vs Chintaman Developers Pvt Ltd 2024 INSC 248 – Ss 10,15-20, 25 CPC Read More »
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – Grant of bail based on parity is not a claim of right – While applying this principle of parity, the Court is required to focus on the role attached to the accused whose application is under consideration – Referred to Tarun Kumar v. Assistant …
Sabita Paul vs State Of West Bengal 2024 INSC 245 – Anticipatory Bail – Parity Read More »
Juvenile Justice(Care and Protection of Children) Act, 2015 ; Section 1 5 – Quashing the conviction of an accused in POCSO Case, the SC observed: In absence of a preliminary assessment being conducted by the Board under Section 15, and without an order being passed by the Board under Section 15(1) read with Section 18(3), …