Wednesday, 20 February 2019
Tuesday, 19 February 2019
Monday, 18 February 2019
Accident Law--Permanent disability--Earning capacity--Appellant was aged 15 years when he met with an accident on 14.9.1998 as a result whereof he sustained serious injuries and suffered permanent disability to the extent of 70% of his left lower limb which had to be amputated--Loss of earning capacity should be treated as 60% of the monthly income--His annual income assessed at Rs. 21,600/
Sunday, 17 February 2019
Murder--Suspension of sentence--Bail during pendency of appeal--Accused charged for mercilessly assaulting deceased--High Court granted bail during pendency of appeal--Held; Appellate court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants suspension of execution of sentence and grant of bail
Will--Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for the purpose of providing its executions provided such attesting witness is alive and subject to the process of Court and capable of giving evidence. Pleading--Non filing of Replication--Mere non filing of a replication does not and could not mean that there has been admission of facts pleaded in written statement.
Evidence Law--May presume and shall presume--Difference between--In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption--If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved--Evidence Act, 1872, Section 4.
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