Insurance claim -- Double Accident Benefit - Life Insurance Policy - Repudiation of claim - On the ground that death was not due to accident but primary cause of death was Fecal Fistula (Post Operative) and Secondary cause of death was Cardiopulmonary arrest - Accident which the life insured met with caused injuries in his abdomen leading to intestinal injuries, which..........
Criminal Procedure Code, 1973, Section 41(1)(g), Extradition Act, 1962, Section 9 -- Arrest without warrant - Petitioner Srilankan Tamilian temporarily residing in India, claimed that he had been staying with permission from authorities - On strength of red alert notice issued by Interpol New Delhi, in pursuant to arrest warrant issued by a competent court at Srilanka to..........
Criminal Procedure Code, 1973, Section 437, 438 -- Anticipatory bail - Incident of murder took place 25 years ago - During this period investigating agency did not deem it proper to arrest accused - No allegation that accused threatened or influenced any witness - Held, accused entitled to anticipatory bail - It is immaterial if the charge sheet has been submitted in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Independent witnesses - Joining of independent witnesses is not an absolute rule - If after making efforts which the court considers in the circumstances of the case reasonable, the police officer is not able to get public witnesses to associate with the raid or arrest of the culprit, the arrest and the..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrant - Nothing illegal in directing City Police Commissioner to execute warrant - Provision does not provide for directing a warrant to police officer of a particular rank...........
Indian Penal Code, 1860, Section 302, 364, 379, 201, 34 -- Murder - Circumstantial evidence - Fact of last seen not proved as there were major contradictions in the statement of witnesses - Motive not proved - Recovered articles not valuable and not saleable in market - Stolen jeep already recovered by other police station - Dead body already recovered from well prior to..........
Motor Vehicles Act, 1988, Section 166, 168, 173 -- Fatal motor accident due to rash and negligent driving of truck - Contention of driver that he was arrested from far off place and involved in a false case - Held, mere arrest from far off place is no ground to absolve the driver of his liability as he successfully slipped away from the place of accident...........
Indian Penal Code, 1860, Section 307, 34, 394 -- Occurrence took place on 26.9.1979 - Only evidence is of single identification which is very weak and that too cannot be accepted in its totality - FIR do not give any detail of any assailants - Identification made by two accused but one of them had seen the accused at the time of his arrest and this was the reason he was..........
Indian Penal Code, 1860, Section 302, 307, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Plea of insanity of accused - Accused allegedly resisted his arrest by firing upon fellow police officials - As per evidence on record accused was normal and fully conscious of his actions - Incident was result of anger and not insanity - Conviction..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Consideration for grant of anticipatory bail is not the same as a regular bail after arrest - Grant of anticipatory bail is to protect a person from illegal arrest and detention - Genuine apprehension of harassment and humiliation of the accused by the investigating agency, may sometimes, be a ground for..........
