Tripura High Court
Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court
The Tripura High Court recently observed that it can't impose exorbitant amount on insurance company for temporary injuries by a claimant under the Motor Vehicle Act. The observation came from Justice T Amarnath Goud: "After hearing both the parties and perusing the evidence on record this Court feels that the injuries suffered by the claimant-appellant herein are temporary in...
Article 309 Constitution | Right To Receive Correct Salary & Allowances Under Relevant Statutory Rules Is A Vested Right: Tripura High Court
The Tripura High Court has ruled that the right to receive the correct salary & allowances under the relevant statutory rules is a vested right of a government employee.The observation came from Justice T Amarnath Goud: "It has been further submitted that the ROP Rules, 2009 and the subsequent amendments thereof, are instances of statutory laws, enacted by the government of...
S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court
The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure.Justice Arindam Lodh observed: "The proviso of sub-section (2) of Section 63 of the NDPS Act is...
Charge Framed Against Accused Must Be Established Beyond Any Shadow Of Doubt, Suspicion However Grave Not Proof: Tripura High Court
The Tripura High Court recently observed that a Charge framed against an accused person has to be established and proved "beyond any shadow of doubt" and that suspicion, however grave it might be, cannot take place of proof.The observation came from Justice T. Amarnath Goud: "The way the prosecution has projected the case and being found serious contradictions and inconsistencies in...
Adverse Entry Against Govt Servant In Confidential Report Can't Be Acted Upon Without Furnishing It To Him To Enable Effective Representation: Tripura HC
The Tripura High Court has recently observed that an adverse entry against a government servant in a confidential report cannot be acted upon to his prejudice unless the adverse entry is furnished to him at the earliest possible opportunity, to enable effective representation. The observation came from Justice T Amarnath Goud: "It is a trite law that a downgrading and/or adverse...
Mere Presence Of Husband In House With Wife In A 'Hanging Position' Not Sufficient To Presume His Guilt: Tripura High Court
The Tripura High Court recently while dealing with an appeal relating to offences under Section 498A /302/109 of the IPC observed that merely because the husband was present along with the child in the hut with the deceased wife in a hanging position cannot mean that the husband killed the wife. The observation came from a division bench of Justices Amarnath Goud and...
Mofussil Pleadings Are To Be Considered As A Whole, Liberally & Must Be Construed Reasonably: Tripura High Court
The Tripura High Court recently observed that mofussil pleadings, i.e. poorly drafted pleadings, should be considered as a whole, liberally and must be construed reasonably.The observation came from a division bench of Justices Arindam Lodh and SG Chattopadhyay in a property dispute.The plaintiff-appellant submitted that defendants/respondents have admitted in their earlier suit...
Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura
The High Court of Tripura has recently while dealing with criminal appeal under Section-374 of the Code of Criminal Procedure observed that circumstances not put to an accused under Section-313 Cr. P.C. cannot be used against him. The observation came from Justice T. Amarnath Goud, "It stands well settled that circumstances not put to an accused under Section-313 Cr.P.C. cannot...
In Event Of Doubt Over Correctness Of Answer Key, Benefit Must Be Given To Exam Authority & Not Candidate: Tripura High Court
The Tripura High Court recently allowed an appeal filed by the Controller of Examinations and observed that in the event of doubt over correctness of answer key, the benefit should go to the examination authority rather than to the candidate. The observation was made by a division bench of Chief Justice Indrajit Mahanty and Justice SG Chattopadhya: "In the instant case, none of...
Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court
The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It thus set aside the conviction of a husband under Section 306 IPC, among other charges, following death of his wife due to burn injuries. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt. The observation was given by a division bench...
"Happened In A Spur Of The Moment, No Intention To Kill": Tripura High Court Reduces Sentence For Attempt To Murder
The Tripura High Court recently reduced the sentence of a person convicted for the offence of attempt to murder punishable under Section 307 IPC on the ground that the incident happened in the spur of the moment and that the convict had no intention to kill the victim. The judgment was passed by a division bench of Justice Amarnath Goud and Justice Arindam Lodh: "Having considered...
Tripura SC/ST Reservation Rules | Enquiry For Verifying Caste Certificate Not Absolutely Barred In View Of Favourable Report By SDM: High Court
The Tripura High Court recently dismissed the plea of a person claiming to belong to scheduled caste, seeking quashing the summons issued by Member-Secretary, State Level Scrutiny Committee (SLSC) calling upon the petitioner to appear before the Committee for verification. The decision came from Justice T. Amarnath Goud who held that merely because the Petitioner had a favourable...