July 2023 - Lawwatch : Resources for Learners

Search, Seizure & Arrest under NDPS Act

By K Rajasekharan 31 July 2023Criminal law

The Narcotic Drugs & Psychotropic Substances Act (NDPS Act) is a complete code of legal provisions, to control and regulate operation of Narcotic Drugs & Psychotropic substances in India. It has been formulated by consolidating the then existing Opium Act, 1878 and The Dangerous Drugs Act, 1930. It applies to all persons in India and outside, and on ships and aircrafts registered in India.

VIP Vehicles not to Over Speed / Use Beacon Lights

By K Rajasekharan 18 July 2023Motor Vehicles Act

Over speeding of official vehicles of Very Important Personalities (VIPs), such as ministers or other public functionaries, piloted by police vehicles without observing speed limit or other traffic regulations is impermissible in law.

Difference between Judicial Custody & Police Custody

By K Rajasekharan 14 July 2023Criminal law

Police Custody means that police have the physical custody of the accused, while Judicial Custody means an accused is in the custody of the concerned Magistrate. In the former, the accused will be detained in police lockup while in latter, he will be detained in jail.

Loss of Consortium under Vehicle Compensation

By K Rajasekharan 11 July 2023Motor Vehicles Act

A three Judge Bench of the SC in The New India Assurance Company v Somwati, relying on a two bench judgement of the SC in Magma General Insurance Company Limited v Nanu Ram & others, (2018) 18 SCC 130, recognised spousal, parental and filial consortium.

Method of Calculating Compensation in Vehicle Accidents

By K Rajasekharan 10 July 2023Motor Vehicles Act

The key judgments in regard to fixation of compensation in motor vehicle accident cases are: Sarla Verma v Delhi Transport Corporation & Anr Reshma Kumari & Ors v Madan Mohan & Anr National Insurance Co. Ltd. v Pranay Sethi & Ors The Pranay Sethi case was heard by a five-judge bench of the SC. The judgement laid down some broad guidelines for assessing the amount of compensation to be paid to the accident victims in areas where there were divergent approaches.

Police Officer is bound to file Accident Claims

By K Rajasekharan 10 July 2023Motor 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.

Difference between the terms illegal & unlawful

By K Rajasekharan 5 July 2023Uncategorized

The terms illegal and unlawful have slight difference in meanings, as per Oxford English dictionary. But nowadays both terms are often used interchangeably. Something that is Illegal is against the law in force such as illegal immigrants, whereas an unlawful act merely contravenes the rules that apply in a particular context such as an unlawful assembly. The term unlawful often implies an act that is done without lawful justification or authority.

Governor may Give his Assent or Return the Bill

By K Rajasekharan 5 July 2023Constitutional law

The issue whether the Governor of a State can withhold a bill passed by the legislature without acting upon it is a serious matter being debated in governmental bodies, judiciary, and the public sphere, with no consensus in sight.

Vehicle Accident Compensation under No-fault Liability

By K Rajasekharan 4 July 2023Motor Vehicles Act

In motor vehicle compensation claims in which the fault of the driver concerned is not pleaded, such claims are filed under Section 164 of the Motor Vehicle Act, 1988 (MV Act). The issue of negligence, wrongful act, or default of the driver of the concerned vehicle cannot be pleaded in such claims.

Tax Exemption in Capital Gains u/s Section 54 of IT Act

By K Rajasekharan 3 July 2023Property & Succession

Income Tax from Long Term Capital Gains (LTCG) is exempted under Section 54 of the Income Tax Act in case a taxpayer sells his residential house and acquires another residential house from the sale proceeds.