Digi - Legal Insights
MOTOR ACCIDENT COMPENSATION
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Appellant is entitled to a total compensation of Rs.21,75,681 and awarded compensation will accrue interest at 7.5% from date of claim petition.
CONSUMER PROTECTION
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Goods purchased by Appellant were for a commercial purpose and therefore Appellant is not a consumer as per Section 2(1)(d) of Act.
TAXATION
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Non-residents are liable for tax on income deemed to arise in India, regardless of a permanent office.
PROPERTY LAW
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Reference Court determined market price of Rs.26,814 per square meter based on sale instances from 2014 to 2016, applying a 10% increase post notification on 09.01.2017 hence, no interfere with this price.
CRIMINAL LAW
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Prosecution has not established coherent chain of evidence linking Appellant to crime, failing to prove his guilt hence, conviction of Appellant as recorded by trial Court and affirmed by High Court cannot be sustained and Appellant is acquitted of charges.
CRIMINAL LAW
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Evidence presented by prosecution is weak and disconnected, relying on suspicion rather than proof hence, finding of conviction and imposition of death sentence upon Respondent No.1/Accused, imposed by judgment passed by Additional Sessions Judge is set aside.
CRIMINAL LAW
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Public health considerations must take precedence over commercial interests of Respondent, as affirmed by Article 21 of Constitution, which ensures right to life includes health protections hence, impugned order set aside and State of Maharashtra is directed to take effective steps for destruction of subject goods expeditiously.
CRIMINAL LAW
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Impugned order passed by Metropolitan Magistrate issuing process against petitioner for offence punishable under Section 500 of IPC, proper.
CRIMINAL LAW
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Proceeding against Applicant is justified based on sufficient grounds and trial must assess proof hence, this case is not suitable for interference with Sessions Judges order denying Applicants discharge.
CRIMINAL LAW
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Sexual intercourse Relationship between Petitioner and Respondent No. 2 was consensual and without coercion hence, impugned FIR registered of alleged offences set aside.
CRIMINAL LAW
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Impugned order passed by respondent no.1, is quashed and Respondents are directed to place petitioner under category 3(b) of Guidelines issued under Government Resolution dated 15.03.2010.
CRIMINAL LAW
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In matter concerning Section 13(1)(d), High Court determined that there was no pecuniary advantage involved, leading to conclusion that conviction was unwarranted.
CRIMINAL LAW
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Impugned order of conviction set aside and Appellants acquitted of alleged offences, prosecution failed to establish accuseds guilt beyond reasonable doubt.
CRIMINAL LAW
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Impugned judgment passed by Courts below set aside and Appellant is acquitted of charges, as Prosecution failed to establish case beyond a reasonable doubt.
CRIMINAL LAW
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Trial courts acquittal decisions were upheld, emphasizing need for scrutiny of testimonies from interested witnesses and Appellants shall be released from custody immediately unless required for another case.
CRIMINAL LAW
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Respondent-States calculations indicated continued life sentence and any remission cannot facilitate an early release, maintaining integrity of original sentence.
CRIMINAL LAW
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High Court and lower courts erred in denying interim release based solely on Section 98(2) without addressing interim custody principles or impact of recent amendments hence, impugned orders passed by Courts below set aside and direct handover of interim custody of subject vehicle to appellant subject to specific conditions.
CRIMINAL LAW
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Trial Courts conviction of Respondents under IPC Sections 307, 324, and 326 was deemed appropriate however, High Court improperly reduced their sentence to time already served, disregarding Trial Courts careful consideration of sentencing factors and exhibiting undue sympathy, which threatens integrity of justice.
CRIMINAL LAW
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Production warrants against Petitioners will be suspended for this period and any non-compliance could lead to bail cancellation and police action according to law.
CIVIL LAW
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Mere delay in institution of suit by itself does not negate urgency when infringement is continuing.