Motor Vehicle Accident Compensation : Its Procedures

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.

Bail to be Granted if Trial Gets Prolonged

19 July 2024Posted inBail & Related matters
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.

Guidelines on Discharging or Framing Charge in a Case

16 July 2024Posted inCriminal law
The High Court of Kerala (HCK), in Sandeep G v State of Kerala (Vandana Das case), laid down the parameters given below while considering the plea of discharge and framing of charges. The HCK relied upon the Supreme Court (SC) decisions in State of Gujarat v. Dilipsinh Kishorsinh Rao (2023) and Vishnu Kumar Shukla v. State of Uttar Pradesh (2023) in arriving at the decisions.

Conviction based on Circumstantial Evidence

26 May 2024Posted inCriminal law
In paragraph 8 of the judgement in Ravinder Kumar v State of NCT of Delhi [2024 INSC 211 ], the Supreme Court (SC) says that the law regarding conviction on the basis of circumstantial evidence is crystallized in Sharada Birdhichand Sarada v State of Maharashtra [ AIR 1984 SC 1622].