Showing 1938 articles
Fraudulent Insurance Claims with Staged Incidents Common, SIT Probe Ordered into Fake Fire Claim: Supreme Court
The Supreme Court of India has delivered a significant judgment on fraudulent insurance claims, holding that once fraud is established, no relief can be granted. The Court ordered a Special Investigation Team investigation into a fire incident and completely rejected the insurance claim made by the company. Background…
Conviction Upheld Under Section 138 Negotiable Instruments Act in Rohru: Himachal Pradesh High Court
In the High Court of Himachal Pradesh, Shimla, a criminal revision petition was filed by Gyaru Ram, challenging the judgment dated 29.02.2024, passed by the learned Additional Sessions Judge, Rohru, Himachal Pradesh. The Sessions Court had dismissed Criminal Appeal No.112-R/10 of 2023, thereby affirming the conviction…
Muslims Entitled to Seek Minor’s Custody Under Guardians and Wards Act: Allahabad High Court
The Allahabad High Court has clarified an important legal position that persons governed by Muslim personal law can seek custody of a minor under the Guardians and Wards Act 1890. The Court emphasized that the welfare of the child is the most important factor and overrides all personal law considerations. Background…
Incarceration Without Trial Amounts to Punishment, Bail Granted After Two Years of Undertrial Custody: Supreme Court
The Supreme Court of India has once again emphasized the importance of personal liberty and the right to speedy trial under Article 21 Constitution of India, holding that prolonged incarceration without trial amounts to punishment. The Court granted bail to the accused in a serious criminal case after noting a delay…
Life Convicts Acquitted in Decade-Old Murder Case, Unreliable Eyewitness Testimony Flagged: Delhi High Court
=The Delhi High Court has overturned the conviction and life imprisonment of two accused persons in a 2016 murder case, highlighting serious doubts regarding the reliability of the sole eyewitness. The Court granted the benefit of doubt and acquitted the accused, emphasizing the importance of credible evidence in…
“No Dying Declaration, No Proof of Cruelty,” Husband Acquitted in 498A IPC Case After 24 Years: Calcutta High Court
The Calcutta High Court in the case of Boren Mondal vs The State of West Bengal delivered an important judgment clarifying the scope of Section 498A Indian Penal Code, 1860 relating to cruelty and dowry harassment. The Court set aside the conviction of the husband, holding that the prosecution failed to prove cruelty…
Dismissal of Suit for Default Not Res Judicata, but Relief May Be Denied for Abandoning Earlier Proceedings: Supreme Court
The Supreme Court in the case of Sharada Sanghi & Ors. v. Asha Agarwal & Ors. examined an important issue relating to dismissal of suits for default, applicability of Section 11 Code of Civil Procedure, 1908, and misuse of court process during execution proceedings. The dispute arose from a long-standing property…
No Compensation Without Proof of Bona Fide Travel, Claim Dismissed Despite Amputation of Both Hands: Delhi High Court
The Delhi High Court recently dealt with an appeal concerning compensation under the Railways Act, 1989. The case revolved around whether a grievous injury alone is sufficient to grant compensation without proving that the incident qualifies as an “untoward incident” under the law. The judgment was delivered by…
Supreme Court's 'Mihir Rajesh Shah' Directive Mandating Written Grounds Of Arrest Applies Prospectively: Orissa High Court
The Orissa High Court recently examined an important legal issue regarding the requirement of providing written grounds of arrest to an accused. This issue was linked with the judgment of the Supreme Court in the case of Mihir Rajesh Shah v. State of Maharashtra & Anr., which made it mandatory to provide written…
Non-Impleading Driver of Offending Vehicle Renders Claim Defective and Non-Maintainable Under Section 166 MV Act: Madhya Pradesh High Court
The Madhya Pradesh High Court has clarified an important legal requirement in motor accident compensation cases. The judgment was delivered by Justice Hirdesh, holding that non-impleadment of the driver of the offending vehicle makes a claim petition defective and not maintainable under Section 166 Motor Vehicles Act…
