Offence of Humiliating a Member of SC & ST

26 August 2024Posted inCriminal law
The objective of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989  ( SC & ST Act) is to prevent atrocities against the members of the Scheduled Caste and Scheduled Tribe. The Supreme Court (SC) in  Hitesh Verma v The State of Uttarakhand says that the object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes,

On Preventing Arrests in Violation of Law

26 August 2024Posted inUncategorized
Every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil v Central Burea of Investigation & Another within one week of recording such non-compliance.

Motor Vehicle compensation for a Child

23 August 2024Posted inUncategorized
In an accident the compensation is assessed based on his earning capacity and his age. But when a child dies in an accident, then while deciding the compensation child’s educational qualification, his performance in school will have to be considered. If the child was good in his studies, then he would get more compensation. But there is no standard way of calculating claim in case of death of a child.

Vehicle Compensation when Housewife Dies

23 August 2024Posted inMotor Vehicles Act
If the victim is not the earning member of the family, the compensation cannot be reduced on that pretext. So, in 1994, the legislature had fixed the income of a non-earning person at Rs 15,000/- per month and in case of a spouse, it would be one-third income of the spouse if he is an earning member, as per the Schedule II of the M V Act. The Schedule II has been removed by the 2019 amendment of the M V Act.

Vehicle Compensation in Injury Cases

23 August 2024Posted inMotor Vehicles Act
In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings and damages for pain and suffering. In grievous injury cases and permanent disability other items such as loss of future earning, future medical expenses, loss of amenities and loss of expectation in life can be added in arriving at just compensation when medical evidence corroborates with claimant’s evidence.

Vehicle Compensation : Its Proceedures

22 August 2024Posted inMotor Vehicles Act
When information of a road accident is received in the Police Station, the Investigation Officer (IO), who investigates the accident, shall inspect the site of the accident, take photographs / videos of the scene of the accident and the vehicles involved in the accident and prepare a site plan drawn scale to scale, indicating the lay out and width etc of the roads or places, the position of the vehicles and persons involved and such other relevant facts.

Sale of a Property belonging to a Minor: Its Law

2 August 2024Posted inProperty & Succession
Any property or a share in any joint property owned by a minor, cannot be sold or disposed of by other means, by the natural guardian of the minor, without taking permission from the court. The disposal of property of a minor or creating a charge on it, by the natural guardian under Hindu law is governed by Section 8 of HMGA and Section 29 of the HMGA.

Eviction of Tenant when not paying Rent

1 August 2024Posted inLease & Rent Control
A tenant cannot contest an application filed by the landlord in the Rent Control Court (RCC) for eviction, under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (1965 Act) unless the admitted arrears of rent are cleared, says the High Court of Kerala in Thazheveettil Naushan & Others v Elizabeth Reggive.

Bail to be Granted if Trial gets Prolonged

19 July 2024Posted inCriminal law
The Supreme Court (SC), in Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh, says that a constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution of India has been infringed.