Murder of deceased in Hospital using firearms based principally on CCTV footage system. Hard disk of computer system pertaining to the CCTV cameras not played in court, but only certified version contained in pen drive and compact disks copies of such hard disk played in the court and at no stage any objection was raised. […]
Evidence Act, 1872 — Ss. 65-A and 65-B Read More »
In this case, Executive Magistrate recorded statement of injured prosecution witness assaulted by accused persons, in the form of dying declaration, however, aforesaid witness surviving such assault. In view of S. 157, so-called dying declaration can be treated as a former statement made by such witness and, therefore, same can be used for contradicting witness.
Evidence Act, 1872 — Ss. 32(1) and 157 Read More »
Leave Travel Concession (LTC) is exempted from income only when it is given/availed entirely for domestic travel within India. in view of the provisions of the Act, the moment employees undertake travel with a foreign leg, it is not a travel within India and hence not covered under the provisions of Section 10(5) of the
Income Tax — Concession/Exemption/Incentive/Rebate/Subsidy — Exemption Read More »
Held, Our conclusion in terms of the application of Section 194H of the IT Act to the Supplementary Commission amounts earned by the travel agent is unequivocally in favour of the Revenue. Section 194H is to be read with Section 182 of the Contract Act. If a relationship between two parties as culled out from their intentions as manifested in the
Law comprehensively clarified regarding effect of non-discharge of duty of insurer to disclose exclusion clause by insurer and non-compliance of statutory mandate under IRDA Regulations, 2002 in this regard. Held, there is an onerous responsibility on the part of the insurer while dealing with an exclusion clause. We may only add that the insurer is statutorily
It has been held by this Court in a catena of cases including Sharad Birdhichand Sarda v. State of Maharashtra reported at (1984) 4 SCC 116, that suspicion, howsoever strong, cannot substitute proof beyond reasonable doubt. This Court has held that there is not only a grammatical but also a legal distinction between ‘may’ and
If action impugned before writ court has no nexus with public element, even though the private body in question may be discharging public function, held, writ jurisdiction cannot be invoked in such a case. Held, It must be consequently held that while a body may be discharging a public function or performing a public duty
Person on coming to know about commission of offence under POCSO Act, held, is obliged to promptly report the same to the specified authorities. Failure to do so must be regarded as a serious offence even though punishment prescribed under S. 21 is not severe. Supreme Court under parens patriae jurisdiction has duty to give
Protection of Children from Sexual Offences Act, 2012 — Ss. 19 and 21 — Object Read More »
Various heads for awarding compensation: Deceased was aged 28 yrs at the time of accident. Considering notional income @ Rs 6500 per month as determined by High Court, adding 40% towards future prospects, deducting ⅓rd towards personal expense of deceased and applying multiplier of 17, claimant was held entitled to Rs 12,37,790 under head loss
Motor Vehicles Act, 1988 — Ss. 166, 168 and 171 — Fatal accident — Compensation claim Read More »
Mere failure to verify the documents, without any further evidence against officers of Selection Committee, whether enough to implicate them, determined. Appellants having relied on the documents placed on record without any verification, on the assumption that the documents being genuine and having recommended the case for appointment, held, there was insufficient evidence to proceed
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