Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident

While deciding on compensation to be paid in a case of motor vehicle accident, the Supreme Court has reduced the compensation granted by the High Court to a government servant considering that there was no permanent disability, he wasn't immobilized and he continued to work even after the accident While the compensation awarded by the Motor Accident Claims Tribunal was Rs 6,21,000 which...

'Road Tax' Paid At Time Of Purchase Of Vehicle & 'Toll Tax' Paid On Highway Do Not Amount To Double Taxation: Telangana High Court

The Telangana High Court recently ruled that the road tax paid under the Motor Vehicles Act while purchasing the cars, and collection of toll tax at National Highway Toll Booths do not amount to double taxation. Issues raised by Petitioners in the PIL The petitioners, who were advocates, had filed the writ petition by way of Public Interest Litigation stating that they were owners...

Complete Absence Of Motive In A Case Based On Circumstantial Evidence Weighs In Favour Of Accused : Supreme Court

The Supreme Court has held that the absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused. "In a case based on substantial (circumstantial) evidence, motive assumes great significance. It is not as if motive alone becomes the crucial link in the case to be established by the prosecution and in its absence the case of...

'Right To Cross-Examination Part Of Right To Fair Trial': Chhattisgarh High Court Allows Plea Of Accused To Recall Prosecutrix In POCSO Case

The Chhattisgarh High Court recently held that the right to cross-examination is a part of right to fair trial which every person has in the spirit of right to life and personal liberty. Justice Rajani Dubey thus set aside the decision of the lower court and permitted the re-examination of the prosecutrix in a POCSO case. An appeal was filed by the accused, challenging the order of the...

Bihar Prohibition Act Clogging Courts With Bail Applications: Supreme Court Raises Alarm; Seeks State's Response

The Court asked Bihar State if the option of plea bargaining can be explored under the Act.

Supreme Court Weekly Digests With Subject-Wise, Statute-Wise Index & Nominal Index [February 20 - 28]

2022 LiveLaw (SC) February Act-wise Index Part 4 [Feb 20 - 28, 2022] Agricultural Produce Markets Act, 1961 (Rajasthan) - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. (Para 9) 2022 LiveLaw (SC) 203 Arbitration and Conciliation Act, 1996 - Section 37 - The High Court has no jurisdiction to remand...

Not Safe To Convict A Person For Murder Solely On Basis Of Recovery Of Stolen Article : Supreme Court

The Supreme Court recently set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence was the alleged recovery of stolen article from him.A bench comprising Justices UU Lalit, S Ravindra Bhat and PS Narasimha referred to the precedents which held that merely on the basis of recovery of article, it may not be safe to...

'Reason Is The Heartbeat Of Conclusion': Gujarat High Court Asks All Presiding Officers To Pass Speaking Orders

"Reason is the heartbeat of every conclusion, and without the same it becomes lifeless," the Gujarat High Court has remarked today. Justice Ashokkumar Joshi was hearing a writ petition challenging the judgement of the First Appellate Court which condoned delay of 2 years and 5 months in the filing of execution petition against the judgement of the Civil Judge, without assigning...

Delhi District Courts Directed To Keep Virtual Hearing Link Open During Sitting Hours

Following the directions of the Delhi High Court, all city District Courts have been directed to keep open their videoconferencing link during the court sitting hours.The directions have been issued vide circular dated February 28, 2022 by Girish Kathpalia, Principal District and Sessions Judge (HQs) in order to ensure smooth and hassle-free functioning of the courts through virtual mode....

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and laches, the bench comprising Justices MR Shah and BV...

Russia-Ukraine Conflict : International Criminal Court Prosecutor To Open Probe Into Alleged War Crimes

Amid the ongoing Russian invasion of Ukraine, the International Criminal Court Prosecutor has decided to open an investigation into the situation in Ukraine, observing that there is a "reasonable basis" to believe that war crimes and crimes against humanity have been committed.Prosecutor Karim A Khan said in a statement that the investigation will look at alleged crimes committed before...

'Is This The Rule Of Law We Boast Of?' : Kerala High Court Voices Distress Over Unauthorised Boards, Banners & Flagposts

The Kerala High Court on Monday came down heavily on the Municipalities and Corporations for their enduring inaction over the unauthorised installations such as banners, boards and flag posts around the State. Justice Devan Ramachandran expressed his distress over unauthorised installations being put up in blatant violation of law disregarding all orders of the court and the Kerala Road...