Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by poisoning - Court must carefully scan evidence and determine four important circumstances which alone can justify conviction i.e. : (i) there is a clear motive for an accused to administer poison to deceased; (ii) that deceased died of poison said to have been administered; (iii) that accused had poison in his..........
Employees Compensation Act, 1923, Section 3, 19 -- Compensation - Liability of insurance company - Insurer has undertaken the liability to indemnify insured/employer and has not contracted out of his liability - There was no dispute regarding liability of insurance company under the contract of insurance - Therefore there was no justification for High Court to modify order..........
Criminal Procedure Code, 1973, Section 219 -- Clubbing of cases - Cross cases - Direction issued that in all cases where cross cases are registered or cases which have link with same incident, information thereof shall be furnished in chargesheet/challan/final report, whenever same is filed in Court - This enables Court concerned to take appropriate steps and get trials in..........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Hindu Succession Act, 1956, Section 2 -- Scheduled Tribes - Applicability of the Act - Hindu Succession Act not applicable to Scheduled Tribes - No such direction therefore can be issued by High Court in view of provision of S.2 of the Act, particularly when the issue was neither directly nor substantially involved in intra party appeal arising out of judgment and decree..........
Criminal Procedure Code, 1973, Section 240 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.263(1) - Framing of charge - Charge should be framed in writing - It cannot be in a printed format - Court cannot prepare a format of charge and fill the details of each case in vacant space of format...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW12 for further re-examination - Murder - CD of CCTV footage and pen drive in question were handed over to SHO by a third party - Accused therefore, has every right to seek re-examination of PW12/Inspector to elicit all relevant facts before trial Court delivers its final decision - Moreover, accused `R' initially..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If complaint is out of vengeance, then Court can interfere u/s 482 Cr.P.C...........
