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Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial. Penal Code, 1860 (IPC) — Section 304-A — Causing death by negligence — Motor Vehicles Act, 1988 — Section 134(b) and Section 187 — Duty of driver in case of accident and injury to a person and Punishment for offences relating to accident — Appeal against conviction and sentence — Driver convicted under Section 304-A IPC and Sections 134(b) and 187 MVA — High Court partly allowed revision, setting aside conviction for Section 279 IPC but maintaining conviction for Section 304-A IPC. Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — Essential ingredients are intention/knowledge to commit murder and an overt act in pursuance of that intention/knowledge. The nature of the injury is a relevant consideration, but not determinative; intention can be inferred from circumstances like weapons used, motive, etc. Penal Code, 1860 (IPC) — Sections 506 Part II and 503 — Criminal Intimidation — Imputing unchastity — Threat to upload a video of a woman bathing on social media amounts to threatening to impute unchastity, violating her privacy, dignity, and sexual autonomy Criminal Procedure Code, 1973 (CrPC) — Sections 82, 439 — Arms Act, 1959 — Sections 3, 25, 27 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 324, 452, 504, 506, 307 — Bail — Cancellation of — Supreme Court’s previous order directing surrender — Accused failing to surrender and absconding — Initiation of proceedings under Section 82 CrPC — Subsequent surrender after considerable delay — High Court granting bail overlooking previous order and material on record — Held, High Court order suffers from manifest error of law and is set aside.

Acquisition of Land–Interest of solatium–No separate claim necessary before High Court–Could be claimed even in state appeal. Acquisition of Land–Interest on solatium–When conditions are satisfied; the award of interest is consequential and involved only arithmetical calculation and not application of judicial mind.

2007(1) LAW HERALD (SC) 6 IN THE SUPREME COURT OF INDIA  Before The Hon’ble Mr. Justice B. P. Singh The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 5785 of 2006…

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