Sunday, 13 January 2019

Exparte decree--Remedies available to defendants--He may file a suit contending that decree was obtained fraudulently or he may file application under Order 9 Rule 13 C.P.C. or he may prefer an appeal from exparte judgment--He may also file a review petition.

Motor Vehicles Act, 1988, S. 166--Accident-More than claimed-There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court is to award "just compensation"

Agreement to Sell—Increase in Price—Mere escalation of price is no ground for interference with concurrent findings of court below granting the decree. Abatement of Appeal—Omission to implead legal representatives of a deceased defendant, would not lead to abatement of appeal as a whole by itself.

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

Unlawful Assembly—Sessions Judge acquitted all the six accused persons under Section 148/149 IPC-No appeal filed by the State-­High Court was not justified in convicting the appellant under Section 148/149 IPC-Appellant acquitted

Grievous Hurt—Reduction in Sentence- Submission that one appellant is 80 years of age and other appellant is 70 years of age—Occurrence was of year 1992—In the interest of justice imprisonment of two years reduced to period already undergone of about fifteen months