Digi - Legal Insights
CRIMINAL LAW
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2002 Policy, enacted under Constitution, remains in effect despite 2008 Policy, which cannot legally supersede it hence, Appellant is entitled to benefits from 2002 Policy, particularly regarding remission based on lesser time served.
CRIMINAL LAW
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Appellants main request was to challenge Sessions Courts failure to frame charges against two co-accused hence, High Court is instructed to reconsider appellants and second respondents petitions independently.
CRIMINAL LAW
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Trial judges exclusive reliance on RPA for cognizance is challenged, yet state argues that Section 465 CrPC might salvage this and case is remanded for fresh cognizance while clarifying no opinion on merits of case is provided.
CRIMINAL LAW
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While maintaining judgment of High Court, Notification dated 25.08.2011 issued by GAD seeking to exclude SPE from applicability of provisions of Act of 2005 is struck down.
MOTOR ACCIDENT COMPENSATION
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In determining motor accident claims, just compensation must holistically account for the deceaseds future professional potential without descending into pure speculation.
MOTOR ACCIDENT COMPENSATION
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Walking is a fundamental constitutional right, empowering citizens to seek legal restitution against local duty bearers for failing to provide footpaths.
MOTOR ACCIDENT COMPENSATION
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Claims under the Motor Vehicles Act must be adjudicated on the touchstone of preponderance of probability rather than proof beyond reasonable doubt.
CRIMINAL LAW
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Case involves charges of simple hurt and criminal intimidation, described as minor offences with no significant societal impact and extended delay is deemed unjust, particularly concerning public servant, leading to decision that prosecution should not continue any further.
PROPERTY LAW
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Land, small in size and strategically located near Dr. Ambedkars statue, further emphasizes its significance for public purposes hence, challenge raised to acquisition in question fails.
PROPERTY LAW
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Review of Government Resolution dated 14th July 2021 confirms that newly introduced restriction on land conversion operates only prospectively, as there is no retroactive application specified.
CIVIL LAW
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Petitioners late offer to accommodate Respondents does not rectify transfer deemed void due to fraud, coercion, or undue influence and Court, operating under Article 226, doesnt engage in factual reappraisal without manifest errors, finding no grounds for interference.
PROPERTY LAW
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Family asserted that they belong to Sonkoli community, declaring that no transfer occurred hence, States mutation entries were also contested, revealing that S.D.O.s order, initiated against deceased person, was jurisdictionally flawed and rendered nullity.
CIVIL LAW
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Petitioner should not be deprived of service benefits due to delayed certificate validation and clauses in Administrative Circular No.446 (2013) were declared arbitrary, entitling Scheduled Caste/Scheduled Tribe employees to higher grade pay from date they are due, not contingent on certificate validation.
CRIMINAL LAW
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As prosecution fails to prove guilt beyond reasonable doubt, leading to decision to set aside trial courts judgment and conviction of accused, extending them benefit of doubt.
CRIMINAL LAW
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Petitioner is granted bail, subject to terms determined by Trial Court and Public Prosecutor may request specific conditions to safeguard interests.
CRIMINAL LAW
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Trial Court committed no error in holding accused guilty for offences charged against him and accordingly awarding sentence to him as well as High Court was also justified in upholding and confirming judgment and order of Trial court.
CRIMINAL LAW
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Victims deposition occurred in 2013 and accused was arrested in 2016, after victims death in 2015 thus, requirements for applying Section 299(1) have been met hence impugned order passed by High Court is set aside.
CRIMINAL LAW
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Delays in proceedings were attributed to complainants inaction since 2002, as they failed to collect summons and notices despite court orders to expedite trial, indicating a lack of diligence to prosecute case effectively hence, complaint and summoning order are liable to be quashed as against Appellants.
CRIMINAL LAW
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Conviction under Section 326 IPC upheld but modified sentence due to appellants age and health, requiring them to serve until court rises and pay fine of Rs. 50,000 within two months.
CRIMINAL LAW
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Offence under Section 376D IPC, established post-Nirbhaya, mandates minimum sentence of twenty years and allows for life imprisonment, which has been applied in this case hence, sentence is modified to 20 years with possibility of remission.