Facts:The appellant, Jagdish, was injured in a motor accident on November 24, 2011, resulting in severe injuries.The accident occurred when Jagdish, riding a motorcycle, was hit by a dumper, causing 90% permanent disability.Issues:The appellant sought an enhancement of compensation on several grounds, including loss of future prospects, computation of disability, and increase in monthly income.Hel...
Sexual Harassment – Conviction and Appeal – The deceased appellant Sakthivel was accused of sexually harassing eight girl students aged 9 and 10 years in Solappadi Government Primary School. The allegations included inappropriate touching and pinching of the students. The trial court convicted Sakthivel under Section 7 read with Section 8 of the POCSO Act. However, the High Court allow...
Discharge Application – Scope and Consideration – The Supreme Court reiterated that the scope of consideration under Section 227, Cr.PC, is confined to the 'record of the case and the documents submitted therewith' by the prosecution – Defence materials cannot be considered at this stage – The court must determine whether there is sufficient ground for proceeding ag...
Interim Bail – Medical Grounds – Petitioner, suffering from multiple ailments including post-bariatric surgery complications, sought interim bail citing inability of jail to provide necessary dietary and medical care – Medical reports indicated necessity of specialized diet and treatment not feasible in jail – Respondent argued petitioner previously misused bail and jail au...
Judicial Delay and Political Influence – Withdrawal of Prosecution – Case involving accused, including a politically influential individual, facing trial for double murder – Accused successfully delayed trial for nearly three decades through repeated adjournments – Trial Court allowed withdrawal of prosecution against one accused (Chhote Singh) citing good public image &nda...
Criminal Law - Acquittal for Murder - Government Appeal against trial court’s judgment acquitting accused of murder charges under Section 302/34 IPC - Trial court convicted accused for causing simple injuries under Section 323/34 IPC - Prosecution alleged that accused snatched a one-year-old child from her mother's lap and threw her on the ground, leading to her death - Post-mortem repor...
Criminal Law – Negotiable Instruments Act – Condonation of Delay – Criminal Miscellaneous Petition against Trial Court’s order condoning delay in filing complaint – Petitioners argued delay not justified and trial court failed to provide reasons – Trial Court’s order found to be non-speaking and lacking in cogent reasons – Held, condonation of delay ...
Negotiable Instruments Act – Section 138 – Dishonor of Cheque – Criminal Revision against the conviction and sentence by Judicial Magistrate Ist Class, upheld by Additional Sessions Judge – Petitioner entered into an agreement to sell a petrol pump and issued a cheque as part of a settlement – Cheque dishonored due to insufficient funds – Legal notice served but...
Family Law – Interim Maintenance – Appellant sought full payment of arrears of interim maintenance – Respondent directed to pay only 20% of the total arrears by the High Court – Supreme Court modifies this, directing payment of Rs. 2 crores as a one-time settlement considering financial status, social standing, and ongoing litigation – Judgment reaffirms that maintena...
Anticipatory bail – Appellant’s apprehension of arrest in connection with Crime No. 129/2022 registered at Police Station Dheerpura, District Datia – Alleged offences punishable under Sections 294, 323, 506 of the Indian Penal Code (IPC) and Section 3(1)(n]/k) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act – Prosecution case alleging that the appell...