In this context, we could refer to judgments of this Court in the case of N.K.V. Bros. (P) Ltd. v. M. Karumai Ammal reported in MANU/SC/0321/1980 : AIR 1980 SC 1354, wherein the plea that the criminal case had ended in acquittal and that, therefore, the civil suit must follow suit, was rejected. It was observed that culpable rashness Under Section 304-A of Indian Penal Code is more drastic than ..read more

 It is now agreed as per table I of the note submitted by learned ASG that the following agreed directions can be issued:A. Accident Information Report--The jurisdictional police station shall report the accident Under Section 158(6) of the Act (Section 159 post 2019 amendment) (hereinafter "the report") to the Tribunal and insurer within first 48 hours either over email or a dedicated ..read more

93. In keeping with the mandate of the HIV Act, the following directions are issued to the Central and State Governments:1) Under Section 14(1) of the HIV Act, the measures to be taken by the Central Government and all the State Government are, to provide, (as far as possible), diagnostic facilities relating to HIV or AIDS, Anti-retroviral therapy and Opportunistic Infection Management to people ..read more

 1) Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final ReportThe court added that even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance ..read more

 In other words, such a subjective satisfaction would depend upon the materials available before the Court whatever may be its nature. The procedure adopted by the High Court in the impugned order is not mandated under Section 216 or 323 Cr.P.C. Section 323 Cr.P.C. gives a discretion to the Court to exercise its power at any stage of the proceeding before signing ..read more

 1) When Police Officers Use Case Diary To Refresh Their Memory, Accused Gets Right To Rely On Case Diary To Cross-ExamineThe Supreme Court has held that an accused has a right to cross-examine a police officer as to the recording made in the case diary whenever the police officer uses to refresh his memory.Similarly, in a case where the court uses a case diary for the purpose of ..read more

 Supreme Court Strikes Down Electoral Bonds Scheme As Unconstitutional, Asks SBI To Stop Issuing EBs.1) The Supreme Court on Thursday (15February 2024) delivered its highly-anticipated judgment in the electoral bonds case, holding that anonymous electoral bonds are violative of the right to information under Article 19(1)(a) of the Constitution. Accordingly, the scheme has been struck down ..read more

 1) Supreme Court: No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant & Proclamation Under Section 82 CrPC Are Pending.SRIKANT UPADHYAY VS. THE STATE OF BIHAR2)  Filing Of Anticipatory Bail Application Through Advocate Can't Be Considered As Appearance Of Absconding AccusedSRIKANT UPADHYAY VS. THE STATE OF BIHAR3) S.143A NI Act | Interim Compensation In Cheque ..read more

 Appeals from Orders104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:—[(ff) an order under Section 35-A;][(ffa)  an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in ..read more

 [Act 57 of 1994 as amended up to Act 34 of 2019 and updated as of 31st August 2023]2. Definitions.—In this Act, unless the context otherwise requires,—(bb) “embryo” means a developing human organism after fertilisation till the end of eight weeks (fifty-six days);(bc) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following ..read more