Accident—Consortium—Loss of Love and affection—These conventional element has nothing to do with the expected life span.
(2017) AAC 993 : (2017) 2 ACC 460 : (2017) ACJ 1391 : (2017) 172 AIC 21 : (2017) AIR(SCW) 1195 : (2017) 3 AIRJharR 785 : (2017) AIR(SC) 1195…
Suit against Local Bodies— Where case is against the State Government and local bodies, it is the duty of the Court to make, in the first instance, every endeavor to assist the parties to arrive at settlement.
(2017) 173 AIC 262 : (2017) 122 ALR 504 : (2017) 2 ApexCourtJudgments(SC) 420 : (2017) 2 ARC 324 : (2017) 2 BBCJ 136 : (2017) 2 CalHCN 85 :…
Civil Procedure Code, 1860, S.100–Second Appeal-Substantial question of law-House Tax-While disposing off the appeal the high court did not decided the questions whether the suit seeking a declaration that the demand of House Tax raised under the Act is maintainable, Matter remanded back to be decided afresh-Haryana Municipal Act, 1973.
(2017) 174 AIC 95 : (2017) AIR(SCW) 1330 : (2017) 3 AIRJharR 321 : (2017) AIR(SC) 1330 : (2017) AllSCR 2127 : (2017) 123 ALR 284 : (2017) 3 AndhLD…
Indian Penal Code, 1860, S.307 and S.34–Attempt to Murder-Common Intention- -Appellant came along with three other person—One of them with the bomb- Accused 4 in coming together with the other four accused and going together with them, and in shouting the words “Kill him” certainly attracted the change under Section 307 read with Section 34 of the code
(2017) 100 ACrC 937 : (2017) 177 AIC 267 : (2017) AIR(SCW) 1415 : (2017) AIR(SC) 1415 : (2017) ALLMR(Cri) 3116 : (2017) 2 ALT(Crl) 69 : (2017) 2 AndhLD(Criminal)…
Bail—Speedy Trial—Direction issued to subordinate court to decide bail applications normally within one week and High Court to ensure that bail application filed before it be decided within one month.
(2017) 99 ACrC 675 : (2017) 173 AIC 1 : (2017) 2 AICLR 362 : (2017) AIR(SCW) 1362 : (2017) AIR(SC) 1362 : (2017) ALLMR(Cri) 1737 : (2017) 2 ALT(Crl)…
Anticipatory Bail — Murder — Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.
(2017) 99 ACrC 699 : (2017) 173 AIC 271 : (2017) 2 AICLR 360 : (2017) AIR(SCW) 1439 : (2017) AIR(SC) 1439 : (2017) ALLMR(Cri) 2210 : (2017) 1 BBCJ…
Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence
(2017) 99 ACrC 901 : (2017) 174 AIC 76 : (2017) 2 AICLR 356 : (2017) AIR(SCW) 1400 : (2017) 4 AIRJharR 95 : (2017) AIR(SC) 1400 : (2017) 1…
Murder–Non-examination of witness-Witnesses have vividly deposed about the genesis of the occurrence, the participation and involvement of the accused persons in the crime-Mere non-examination of the witnesses, who might have been there on the way to hospital or the hospital itself when deceased narrated the incident, would not make the prosecution case unacceptable-Conviction upheld.
(2017) 99 ACrC 976 : (2017) 174 AIC 244 : (2017) 3 AICLR 520 : (2017) AIR(SCW) 1121 : (2017) 2 AIRJharR 668 : (2017) AIR(SC) 1121 : (2017) 1…
Indian Penal Code, 1860, S.302–Murder–Abscondence–Acquittal-Mere fact that the two accused may have absconded immediately and the fact that false information may have been given about the whereabouts of the deceased are not enough to complete the chain of circumstances.
(2017) 101 ACrC 926 : (2017) 177 AIC 198 : (2017) 2 AICLR 353 : (2017) AIR(SCW) 1327 : (2017) AIR(SC) 1327 : (2017) AllSCR(Crl) 1136 : (2017) 2 ALT(Crl)…
Constitution of India, 1950, Article 21-Right to Fair Trial-Scope of–Held;(i) The right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused—It takes in its ambit and sweep the right of the victim(s) and the society at large
(2017) 99 ACrC 270 : (2017) 172 AIC 202 : (2017) 3 AICLR 573 : (2017) AIR(SCW) 1079 : (2017) 2 AIRBomR(Cri) 18 : (2017) AIR(SC) 1079 : (2017) AllSCR(Crl)…