Factors to be considered while Granting Bail

Posted inBail & Related matters
The Supreme Court in Teesta Atul Setalvad v State of Gujarat states that the factors, which are essentially considered at the stage of granting of bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973, are: Whether the prima facia case is established The possibility of the accused tampering with the evidence or influencing the witness The possibility of the accused fleeing away from the hands of justice, and The gravity and the seriousness of the offence

Judge is not a Recording Machine in a Trial

Posted inCriminal law
On a reference for confirmation of sentence of death, the High Court is required to proceed in accordance with Sections 367 and 368 respectively of the CrPC and the provisions of these Sections make it clear that the duty of the High Court, in dealing with the reference, is not only to see whether the order passed by the Sessions Judge is correct, but to examine the case for itself and even direct a further enquiry or the taking of additional evidence if the Court considers it desirable in order to ascertain the guilt or the innocence of the convicted person.

Can a Joint/Mutual Will be revoked after One dies?

Posted inWill & Related Matters
A Joint will is revocable if the joint Will is a combined Will of two individuals and the survivor has received no benefits from the deceased testator, as inferred from the facts and circumstances surrounding the Will. However, a mutual Will becomes irrevocable on the death of one of the testators if the survivor had received benefits under the mutual Will, and that there is a specific contract prohibiting revocation.

Search, Seizure & Arrest under NDPS Act

Posted inArrest & Related Matters, Criminal 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.

Method of Calculating Compensation in Vehicle Accidents

Posted inMotor 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

Posted 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.