Motor Vehicles Act, 1988 - Section 166 - Notional Income of Deceased Housewife - Calculation of notional income of a deceased housewife in motor accident claims - Held - The deceased, aged 22 years with a young child, had her notional income assessed at Rs. 8000 per month. No deductions for self-expenses were applied, as per legal precedents, recognizing the multifarious roles of a housewife. The ...
Criminal Law – POCSO Act – Applicability – The appellant argued that incidents of sexual harassment and assault occurred either before the enforcement of the POCSO Act or after the prosecutrix attained majority – Held, incidents in 2011 occurred before the POCSO Act, but continued harassment in 2012 and 2013 fell within its purview – Appeal dismissed [Paras 1-52].
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Default Bail – Indefeasible Right – Reasonable Opportunity – Petitioner applied for default bail under Section 167(2) CrPC due to incomplete challan without FSL report – Bail granted but bonds furnished after court hours – Held, default bail is an indefeasible right, not defeated by late submission of bonds if reasonable opportunity to fulfill conditions is given &nda...
Criminal Law – Disproportionate Assets – Charge Framing – Petitioners challenged the framing of charges by the trial court alleging disproportionate assets – Original closure report indicated no disproportionate assets – Subsequent investigation reopened after four years – Charges framed for possessing assets disproportionate to known sources of income – P...
Juvenile Justice – Bail to Juvenile – Statutory Mandate – Petitioner, a juvenile, sought bail under Section 12 of the Juvenile Justice Act – Bail to juveniles is a rule, denial is an exception – Court must release a juvenile unless one of the three exceptions in Section 12(1) applies: association with known criminals, exposure to moral danger, or defeating t...
Pre-arrest Bail – Economic Offences – Judicial Discretion – Petitioners, accused of breach of trust and cheating in granting loans and fixing deposit interests contrary to circulars, sought pre-arrest bail – High Court denied the bail, emphasizing the serious nature of the economic offences and the necessity for custodial interrogation – Court underscored that anticip...
Criminal Law – Corruption – Conviction and Sentencing – Appellant, a clerk, convicted for accepting a bribe of Rs. 2000 to expedite the processing of a telephone PCO booth application – Trial court’s judgment affirmed with modification in sentencing – Sentences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 upheld – Sente...
Bail – Chit Funds Scheme – Financial Fraud – Petitioner, a director and promoter of M/s HDPL, involved in unauthorized chit fund scheme, collected substantial money from the public with false assurances – Petitioner’s role direct and active in the scheme – Large sums collected not yet recovered – Petitioner declared Proclaimed Offender in related cases &nd...
Criminal Law – Default Bail – Appellants challenged the rejection of their applications for default bail under Section 167(2) Cr.P.C. – Contention that the Additional Sessions Judge lacked jurisdiction to grant extension for filing charge-sheet – High Court dismissed appeals, holding that the Order dated 2nd September 2018, which extended time for filing charge-sheet, was u...
Proclaimed Offender – Quashing of Order – Improper Service – Petitioner declared proclaimed offender and FIR registered under Section 174-A IPC due to non-appearance in a cheque dishonor case under Section 138 NI Act – Held, the correct address of the petitioner was not furnished by the complainant, resulting in non-service of summons – Mandatory 30-day period for app...