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United Nations Convention on the Rights of the Child

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AMRUTBHAI SHAMBHUBHAI PATEL Vs. SUMANBHAI KANTIBHAI PATEL & ORS.

2/2/2017 View PDF View Text

- Criminal Procedure Code, 1973 Section 173(8) Police investigating an offence in submitting final report under Section 173(2) of Cr.P.C. - Magistrate taking cognizance and accused putting in appearance neither the Magistrate neither suo motu nor on an application filed by the complainant/informant direct further investigation - Such a course would be open only on the request of the investigating agency and that too, in circumstances warranting further investigation on the detection of material evidence only to secure fair investigation and trial, the life purpose of the adjudication in hand. - Criminal Procedure Code, 1973 Section 173(8) Facets of investigation i.e. i) initial investigation (ii) Further investigation and (iii) fresh or de novo or reinvestigation. - Police submitting final report after investigation of offence and Magistrate taking congnizance - After taking congnizance no direction for further investigation can be made by the Magistrate suo motu and it would be permissible only if such a request is made by the investigating authority on the detection of fresh facts having bearing on the case and necessitating further exploration thereof in the interest of complete and fair trial.

DIPAK MISRA, AMITAVA ROY

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STATE OF H.P. AND ORS. Vs. NAVAL KUMAR ALIAS ROHIT KUMAR

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- Tort A boy aged 8 years lost both arms due to electrocution - High Court directed the State to pay compensation of L 1.25 crores - Compensation of L 1.25 crores reduced to 90 lakh with interest at the rate of L 6% p.m. - This amount will fetch sufficient income by interest :- ON FACTS Victim a boy of 8 years came in contact with high tension live and suffered injuries - His both arms has to be amputated making him 100% disable permanently - Live wire was not maintained by state in accordance with Electricity Rules - Finding of High Court that the boy was brilliant student and he would have easily earned L 30,000/- p.m. - Finding upheld - High Court granted L 1.25 crores on following 4 heads :- 1. Loss of companionship, life amenities/pleasures, and happiness = L 10,00,000/-. 2. Pain and suffering and mental distress = L 10 lakhs. 3. Nursing expenses = L 10 lakh. 4. Securing artificial/robotic limbs and future medical expenses. Held award under above heads was on higher side - Award reduced to L 90 lakhs with 6% interest - This amount would fetch sufficient regular monthly income by way of interest alone.

J. CHELAMESWAR, ABHAY MANOHAR SAPRE

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SURESH SINGHAL Vs. STATE(DELHI ADMINISTRATION)

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- Indian Penal Code, Sections 302 and 304 read with Section 34. - Held, t the appellant killed the deceased in the exercise of the right of private defence. Appeal partly and modify the impugned judgment and order passed by the High Court to the extent that the conviction of the appellant � Suresh Singhal under section 302 IPC for murder of Kishan Lal isset aside and his conviction under section 304 IPC is maintained. -Since theappellant has already undergone a sentence of 13 � years as on date, his sentence under section 304 IPC is reduced to the period already undergone. T

S.A. BOBDE, L. NAGESWARA RAO

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SANDEEP KHANUJA Vs. ATUL DANDE & ANR.

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- Motor Vehicles Act, 1988, Section 173. - Appellant suffered injuries in Road Accident. Was awarder ?5,35,227 by MACT. HC enhanced the compensation to 6,35,000. - Held, Going by the age of the appellant at the time of the accident, multiplier of 17 is applied and compensation enhanced to ? 19,93,227.

A.K. SIKRI, R.K. AGRAWAL

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VIJAY PANDURANG THAKRE & ORS. Vs. STATE OF MAHARASHTRA

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- Indian Penal Code, 1860, Section 149 - Unlawful Assembly - Commission of offence by an Unlawful Assembly - None of the Sections 147, 148 and 149 of IPC applies to a person who is merely present in any unlawful assembly, unless he actively participates in the rioting or does some overt act with the necessary criminal intention or shares the common object of the unlawful assembly. - Indian Penal Code, 1860, Section 304 Part II - Unlawful Assembly - Murder might be committed by unlawful Assembly but it cannot be held that in all cases the unlawful Assembly had common object.

A.K. SIKRI, R.K. AGRAWAL

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VIJAY PANDURANG THAKRE & ORS. Vs. STATE OF MAHARASHTRA

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A.K. SIKRI, R.K. AGRAWAL

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NAJABHAI DESURBHAI WAGH Vs. VALERABHAI DEGANBHAI VAGH & ORS.

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- Indian Penal Code, Sections 149 and 34 - Criminal Procedure Code, 1973, Section 357. - All accused convicted and sentenced to life imprisonment and a penalty of Rs.5,000/ -Held, the offence under Section 326 read with Section 149 can be recorded against members of an unlawful assembly even if it is established that the offence under Section 302 was committed by one member of such assembly. Appeal partly allowed.

S.A. BOBDE, L. NAGESWARA RAO

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UMARMIA ALIAS MAMUMIA Vs. STATE OF GUJARAT

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- Constitution of India, 1950 Article 21 Speedy trial - Accused has a right of speedy trial - Delay in criminal trial is violation of the right guaranteed to an accused under Article 21 of the Constitution of India - 1994 (3) R.C.R (Criminal) 639, 1996 (2) SCC 616 Relied. - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20 (8) - Criminal Procedure Code, Section 439 - Indian Penal Code, Section 121, 121A, 122, 123, 124B r/w 34 - Arms Act, Section 25 (1A), (1B) and 25(1AA) - Explosives Act, Sections 9-B. - Criminal Procedure Code, 1973 Section 439 Terrorist and Disruptive Activities (Prevention) Act, 1987, Sections 3, 4 and 5 - Grant of bail in an offence under TADA - Accused released on bail though accused is involved in serious offences and has absconded for a period of 10 years before he was arrested in 2004, there is no reason to confine him to jail as he has already suffered more than 12 years in custody and the trial may not be completed in the near future.

S.A. BOBDE, L. NAGESWARA RAO

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BITHIKA MAZUMDAR AND ANR. Vs. SAGAR PAL AND ORS

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- Civil Procedure Code, Section 115 - Motor Vehicle Act, 1988. - Driver fled away from the place of accident rather than helping the injured. The victim died on the spot due to the said accident. - Held, the High Court should have kept in mind that deceased was the only earning member, died in the said accident and appellants are the widow and minor daughter of the deceased. In a case like this, the High Court should have considered the revisional application on merits rather than dismissing the same on the ground of delay. Compensation of Rs. 8 Lakh with interest awarded.

A.K. SIKRI, R.K. AGRAWAL

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MUNSHI LAL Vs. SMT. SANTOSH & ORS.

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- Land lord-Tenant dispute. Section 14 of the Delhi Rent Control Act, 1958 - Eviction sought on the ground of subletting to son in law. High Court disagree on sunletting plea on account of close relation. - Held, in the circumstances, the occupation of the shop by Raj Kumar amounts to a sub-letting within the meaning of Section 14(1) (b) read with Section 14(4) of the Act and the respondents are liable for eviction.

S.A. BOBDE, L. NAGESWARA RAO

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