Vehicle Compensation in Grievous Injury Cases

Posted 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.

Motor Vehicle Accident Compensation : Its Procedures

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.

Bail to be Granted if Trial Gets Prolonged

Posted 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

Posted inCriminal Laws & Procedures
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.

Muslim Woman Can Seek Maintenance u/s 125 CrPC

Posted inCriminal Laws & Procedures, Family, Marriage & Divorce, Matrimonial and Maintenance Cases
The Supreme Court (SC) says in a judgement in Mohd. Abdul Samad v State of Telangana & Another [2024 INSC 506] that the Muslim women are eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) and the religion neutral provision is applicable to all married women irrespective of their religion.