Thursday, 17 January 2019
Accident Law--Compensation--Criteria--For arriving at just compensation, it is necessary to ascertain the net income of the deceased available for the support of himself and his dependents at the time of his death and the amount, which he was accustomed to spend upon himself--This exercise has to be on the basis of the data, brought on record by the claimant, which again cannot be accurately ascertained and necessarily involves an element of estimate or it may partly be even a conjecture
Land and Property Law--Allotment of Plot--Cancellation of--Predecessor-in-interest of appellant not eligible for allotment of plot under scheme for rehabilitation of locally displaced persons--Notwithstanding the fact that transfer of plot in favour of appellant is duly approved by Trust, appellant did not acquire any independent right in the plot and be only acquired whatever rights the transferor or original allottee had therein--Defect in allotment made in original allottee's favour on account of her ineligibility to avail scheme was inherited by appellant as her transferee
Sunday, 13 January 2019
Murder—Death Penalty—The conduct of the convict in prison cannot be lost sight of and is a relevant mitigating factor Duty of Court—It is duty of Court to be constitutionally correct even when its view is counter-majoritarian the public opinion Murder—Death Sentence—Possibility of Reform—Probability and possibility of reform of a criminal can be done properly only through psychological/psychiatric evaluation--Media Trial-It has almost become a trend for the investigating agency to present their version and create a cloud in the collective conscience of the society regarding the crime and the criminal
Saturday, 12 January 2019
Criminal Complaint--Preliminary Inquiry under Section 202 Cr.P.C.--Although an accused has no right to participate unless the process is issued, he may remain present either in person or through a counsel or a agent with a view to be informed of what is going on. Cognizable Offence--Information to police--Even in a case where no action is taken by police, the informant's remedy lies under Section 190 and 200 of the Cr.P.C.
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