Latest Post

The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse. Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited. The polluter is absolutely and continuously liable for environmental damage until the damage is reversed, and the government must enforce environmental laws, ensure compensation, and implement restoration measures. Employers cannot terminate workers during industrial disputes without permission, and workers performing equal duties are entitled to equal pay and potential regularization. Offence under Sections 3(1)(r) and 3(1)(s) of the SC-ST Act to be made out, the act of insult or intimidation must occur in a place “within public view,” and if the incident occurs in a private space without public witnesses, it does not satisfy the requirements of the Act. Consequently, the court can quash the proceedings if the allegations do not prima facie constitute an offence under the SC-ST Act.

The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse.

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Assault on Public Servant-Obscene Acts—Reduction in Sentence—Keeping in view age of appellant (60 years),  his spotless career throughout without any criminal antecedents and fact that he has already undergone one month jail sentence out of 3 months sentence for the offence committed 13 years ago; sentence reduced to already undergone subject to payment of enhanced fine

2018(3) Law Herald (SC) 2294 : 2018 LawHerald.Org I486 IN THE SUPREME COURT OF INDIA                                                                Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal…

Income-Deceased aged 38 years was in the business of selling desi ghee and namkeen bhujia in a small village—Held; Income assessed by Tribunal as Rs.1200/ – per month is on lower side—Income should have been assessed at Rs.2500/- per month keeping in view circumstances of case

2018(3) Law Herald (SC) 2305 : 2018 LawHerald.Org 1492 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Honble Mr. Justice A M Khanwilkar Civil Appeal No.7279of2018 (Arising…

IMP – PAY & RECOVER — Accident—Tractor-trailer—No evidence that any trailer was insured or trailer was attached to the tractor—Thus, it would follow that injured person (other than driver of tractor) travelled in tractor as a passenger–Insurance company not liable to pay-However, insurance company directed to pay & recover.

  2018(3) Law Herald (SC) 2288 : 2018 LawHerald.Org 1489 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra                  Hon’ble Mr. Justice A.M. Khanwilkar CIVIL…

Rape—Injuries on Prosecutrix—Gang Rape—Admittedly, there was a tussle at a time of alleged incident and she tried to save herself—However, victim has not sustained any injury except some bruises on her cheeks–Her clothes were not even soiled with mud—Accused acquitted Rape—Gang Rape—Medical record and the Doctor’s evidence do not specify whether there were any signs of forcible sexual intercourse-Accused acquitted Rape—Absence of semen—Gang Rape—Clothes worn by victim (petticoat) did not contain any seminal stain—Hard to believe that sexual assault had taken place on the victim—Accused acquitted Identification of Accused—Identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice.

  2018(3} Law Herald (SC) 2274 : 2018 LawHerald.Org 1454 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice N.V. Ramana Honble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…

Lis Pendence—Agreement to Sell-During pendency of litigation some more transaction took place in relation to suit property—Such transactions are directly hit by the principle of lis pendence-These transaction are not binding on parties to the suit much less on plaintiffs—Such parties would be at liberty to now work out their inter se rights

2018(3) Law Herald (SC) 2245 : 2017 LawHerald.Org 2213   SUPREME COURT OF INDIA DIVISION BENCH NADIMINTI SURYANARAYAN MURTHY(DEAD) THROUGH LRS. — Appellant Vs. KOTHURTHI KRISHNA BHASKARA RAO & ORS. — Respondent ( Before…

You missed