Karnataka HC directs Public Prosecutors to make effective representation in Courts to ensure victims are compensated [Read Judgment]
9 years, 3 months ago

Karnataka HC directs Public Prosecutors to make effective representation in Courts to ensure victims are compensated [Read Judgment]

Live Law  

This Court is of the considered opinion that all the public prosecutors, representing the department of prosecution in the criminal Courts in the State will have to make sincere efforts to request the Court to award suitable compensation not only in the cases where they end in conviction but also in the cases where the criminal cases end in acquittal or discharge, the Court said.In a. This Court is of the considered opinion that all the public prosecutors, representing the department of prosecution in the criminal Courts in the State will have to make sincere efforts to request the Court to award suitable compensation not only in the cases where they end in conviction but also in the cases where the criminal cases end in acquittal or discharge, the Court said. In a significant ruling, the Karnataka High Court has directed all the Public prosecutors to make effective representation before the Courts hearing criminal cases, to award suitable compensation to victims of crime, not only in the cases where they end in conviction but also in the cases where the criminal cases end in acquittal or discharge. Public Prosecutors dutybound to ensure compensation is awarded to victims The Court also directed all the public prosecutors, representing the department of prosecution in the criminal Courts in the State will have to make sincere efforts to request the Court to award suitable compensation not only in the cases where they end in conviction but also in the cases where the criminal cases end in acquittal or discharge.

Karnataka Compensation Court Criminal Cases Haryana Courts Public Prosecutors State Prosecutors End Public Suresh Award This Court Crpc Suitable Sincere Efforts Effective Representation Suitable Compensation  criminal  state  victims  suitable  end  prosecutors  courts  court  representation  public  read  compensation  ensure  award  cases  hc  judgment  effective  karnataka

History of this topic

Telangana Legal Briefs | Writ in HC seeks FIR against KCR
3 weeks, 2 days ago

Telangana Legal Briefs | Writ in HC seeks FIR against KCR

Deccan Chronicle  

HYDERABAD: A two-judge panel of the Telangana High Court directed the state to file its response to a PIL seeking registration of an FIR against BRS president and former chief minister K. Chandrasekhar Rao. HC suspends death penalty A two-judge panel of the Telangana High Court suspended the execution of the death penalty awarded to Ragula Sai, alias Nagula Sai, …

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically
3 weeks, 4 days ago

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically

The Hindu  

The High Court of Karnataka has ordered the issue of a notice to its registry, the Central and State governments on a PIL petition, which has questioned the constitutional validity of the court’s rules that permit the destruction records of the cases after preserving them for 30 years and five years for different categories of records. Court of record Advocate …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
1 month ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Compensation to three electricity accident victims upheld
1 month, 1 week ago

Compensation to three electricity accident victims upheld

The Hindu  

A division bench of the High Court of Karnataka has upheld the ruling of a single judge who directed electricity distribution and supply companies to pay ₹1.28 crore as compensation to victims, including two minors, of three electricity accidents during 2017-18. The division bench passed the order while dismissing the appeals filed by the Karnataka Power Transmission Corporation Ltd and …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
2 months ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

Madras High Court orders audit of Tamil Nadu Victim Compensation Fund in all eight central prisons
2 months, 1 week ago

Madras High Court orders audit of Tamil Nadu Victim Compensation Fund in all eight central prisons

The Hindu  

The Madras High Court on Tuesday directed the Accountant General of Tamil Nadu to depute a team of 10 officers to conduct audits at all eight central prisons across the State with respect to the use of the Tamil Nadu Victim Compensation Fund. Alleging that the ‘A’ class privileges provided to the petitioner’s husband, since 2015, were withdrawn suddenly three …

High Court enhances compensation to parents of girl who died in road accident
2 months, 1 week ago

High Court enhances compensation to parents of girl who died in road accident

The Hindu  

The High Court of Karnataka has enhanced from ₹15.07 lakh to ₹35.53 lakh the compensation to be paid to the parents of a 20-year-old engineering student who died after a BMTC bus knocked her down in 2015. Negligence of driver Both the parents and the BMTC had questioned the order passed by the Motor Accident Claims Tribunal, Bengaluru, which had …

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court
2 months, 1 week ago

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

Live Law  

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case. “Direction towards payment of back wages is a discretionary power which has to be exercised by a court keeping in mind the facts in …

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case
2 months, 2 weeks ago

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case

Live Law  

The Karnataka High Court on Monday dismissed an appeal challenging a trial court filed by the legal heirs of former Tamil Nadu Chief Minister J Jayalalithaa, seeking to release her property/assets seized by the authorities in the disproportionate assets case registered against her in 2004, in their favour. Further, they contended that the assets seized by the prosecuting agency also …

Karnataka High Court Annual Digest 2024 [Part I]
3 months ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months, 1 week ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead
3 months, 2 weeks ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law  

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court
3 months, 3 weeks ago

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST Act read with the Rules is intrinsically linked to the continuation of legal proceedings.“The intent of the. The Delhi High Court has …

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court
4 months ago

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court

Live Law  

The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation, it …

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case
4 months, 1 week ago

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has injuncted the West Bengal Government and WBIDC from disposing of subject matter of the Award in the execution petition filed by the award-holder in Essex case. Per contra, the respondents submitted that similar point was raised in the proceedings under Section 36 of the Act and also in the special …

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction
4 months, 2 weeks ago

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction

Live Law  

The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village. Therefore accused persons have made out grounds for grant of bail and case for suspension of sentence.” Accordingly, it granted bail and directed release of each of them on executing personal bond …

Supreme Court directs trial courts to order payment of victim compensation in sexual assault cases
4 months, 3 weeks ago

Supreme Court directs trial courts to order payment of victim compensation in sexual assault cases

The Hindu  

The Supreme Court has directed Sessions Courts deciding sexual assault cases to mandatorily order compensation to be paid to victims, especially if the survivors are minors and women. “A Sessions Court which adjudicates a case concerning the bodily injuries such as sexual assault, etc, particularly on minor children and women shall order for victim compensation to be paid having regard …

High Court Rejects Plea to Dismiss Murder Case, Says Prosecution Must Follow Due Process
4 months, 3 weeks ago

High Court Rejects Plea to Dismiss Murder Case, Says Prosecution Must Follow Due Process

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, notwithstanding the civil suit filed for recovery of the money. The court also held that initiating prosecution under Section 304-A (causing death by negligence) of the Indian Penal Code, against the owners/manager of a factory is …

Retroactive Application of Victim Compensation Scheme: Court Grants Compensation to Rape Survivor Case
5 months ago

Retroactive Application of Victim Compensation Scheme: Court Grants Compensation to Rape Survivor Case

Live Law  

The Punjab & Haryana High Court has granted compensation to a rape survivor case, applying the Victim Assistance Scheme of 2018 retrospectively. The victim, who was impregnated by the assault and gave birth to a child, was initially granted a meager amount of Rs. 1,00,000 by the trial court. However, the court has ruled that the scheme can be applied …

Compensation for child killed in wall collapse: Madras HC penalises state over appeal
6 months, 2 weeks ago

Compensation for child killed in wall collapse: Madras HC penalises state over appeal

New Indian Express  

MADURAI: Noting that the state government had preferred an appeal challenging the order of the single bench of the Madurai Bench of the Madras High Court, which ordered Rs 5 lakh compensation to the family members of a child who died due to a wall collapse at a Sri Lankan refugee camp in Madurai district, the Madurai Bench of the …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
7 months ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

HC directs State to address issue of protection of sportswomen from sexual harassment
7 months ago

HC directs State to address issue of protection of sportswomen from sexual harassment

The Hindu  

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary to address the issue of protection of women participants in sports from sexual harassment, within six months. In the interest of justice and also to achieve social justice, the court has issued direction to the State government to provide accommodation at the State cost for either …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
8 months, 1 week ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Compensation Will Have To Be Paid If Money Belonging To Citizen Is Retained By State Entities: Karnataka High Court
10 months ago

Compensation Will Have To Be Paid If Money Belonging To Citizen Is Retained By State Entities: Karnataka High Court

Live Law  

The Karnataka High Court has said that money belonging to a citizen is his property, and if that is retained by the State entities it amounts to temporary acquisition of property for which as a matter of rule compensation has to be paid to the citizen. If that is retained by the State entities falling under Article 12, that amounts …

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence
10 months ago

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

Live Law  

The Calcutta High Court has recently reversed a death sentence awarded to a man who was accused of brutally murdering a home-maker and her 13-year-old daughter with a sharp and heavy weapon.A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam …

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
10 months, 2 weeks ago

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court

Live Law  

The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. The Supreme Court held that an order for the convict to pay compensation to the victim would not result …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
10 months, 3 weeks ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
11 months ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law  

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC
11 months ago

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

Live Law  

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code. The Court added that the amount of compensation was being fixed as a “token” to remind the concerned Judicial Officers that before …

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody
1 year ago

Orissa High Court Grants ₹2 Lakh Interim Compensation For Death Of Man Who Allegedly Fell From Moving Train While In Police Custody

Live Law  

The Orissa High Court has ordered rupees two lakh interim compensation to the mother of a 22 year-old man who allegedly died of falling from moving train while he was under the custody of the police. The petitioner alleged that during the course of train journey, the father of the girl and the police officials caused the death of her …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies
1 year, 2 months ago

Karnataka High Court Refuses To Enhance ₹1K Fine Imposed On Senior Citizen Woman In Case Over Death Of Street Puppies

Live Law  

The Karnataka High Court has dismissed a plea seeking to enhance a fine of Rs 1,000, imposed by a trial Court on a 72-year-old lady, in a case over the death of eight stray puppies in 2016. The court upholding the trial court and sessions court order said, “Having regard to the fact that at the time of incident, the …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
1 year, 2 months ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor
1 year, 3 months ago

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor

Live Law  

The Calcutta High Court has directed the State Legal Services Authority to consider and enhance the compensation awarded to a male acid attack survivor. Under the West Bengal Victim Compensation Scheme, the petitioner was paid Rs 3 lakh, which was the minimum stipulated amount.A single bench of Justice Sabyasachi Bhattacharya upon noting that the petitioner had credibly pointed out that. …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 4 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

Karnataka High Court convicts 10 persons in 2008 caste clash case
1 year, 4 months ago

Karnataka High Court convicts 10 persons in 2008 caste clash case

The Hindu  

The High Court of Karnataka has convicted 10 persons for intentionally humiliating and assaulting men and women belonging to Scheduled Castes in a 15-year-old case of a clash between a group of persons belonging to two ‘upper’ castes and a group belonging to an SC community at Dunda village in Turuvekere taluk of Tumakuru district. Sudeep and nine others, including …

Father Who Lost Son In Drain Accident 10 Years Ago Gets 5 Lakh Compensation After Karnataka High Court Slams Municipality
1 year, 4 months ago

Father Who Lost Son In Drain Accident 10 Years Ago Gets 5 Lakh Compensation After Karnataka High Court Slams Municipality

Live Law  

The Karnataka High Court recently admonished the Hospete Municipal Council for delaying the compensation to a father for the death of his 6-year old son ten years ago after falling into a drain. It is sheer callousness on the part of the State in not granting any compensation despite passage of 10 years of the petitioner wanting to get compensation, …

Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023
1 year, 6 months ago

Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023

Live Law  

Nominal Index: ABC And XYZ. 2023 LiveLaw 357 Judgments/Orders Husband Subjecting Wife To Creditors' Action By Misusing Her Signed Cheques Constitutes 'Cruelty': Karnataka High Court Case Title: ABC And XYZ Case No: MISCELLANEOUS FIRST APPEAL NO.4402 OF 2017 C/W MISCELLANEOUS FIRST APPEAL NO.4403 OF 2017 Citation: 2023 LiveLaw 351 The Karnataka High Court has dismissed the appeal preferred by a …

Acid Attack: Kerala High Court Orders Legal Services Authority To Consider Enhancing Compensation Paid To Victim Mother, Minor Son
1 year, 6 months ago

Acid Attack: Kerala High Court Orders Legal Services Authority To Consider Enhancing Compensation Paid To Victim Mother, Minor Son

Live Law  

The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them. The Counsel for the petitioners submitted that the compensation awarded by DELSA was egregiously insufficient considering the nature of injuries sustained by the petitioners …

Telangana Court Awards Compensation to Children of Murdered Woman
1 year, 6 months ago

Telangana Court Awards Compensation to Children of Murdered Woman

Deccan Chronicle  

Hyderabad: In a first in Telangana, the I Additional District and Sessions Judge at Bhongir awarded Rs 10 lakh compensation to two minor children of a woman, Rapaka Kavitha, who was murdered by her husband in Yadadri Bhongir district in 2019. While the accused, R. Nagaraju, was sentenced to life imprisonment, their two children were the main witness in the …

Gujarat HC Allows 12-Y/O Girl Allegedly Raped By Father To Terminate 27-Week Pregnancy, Awards ₹2.5 Lakhs As Compensation
1 year, 6 months ago

Gujarat HC Allows 12-Y/O Girl Allegedly Raped By Father To Terminate 27-Week Pregnancy, Awards ₹2.5 Lakhs As Compensation

Live Law  

The Gujarat High Court today allowed a plea filed by a 12-year-old, who was allegedly raped by her father, to abort her nearly 27-week pregnancy. 2.5 lakhs.The bench of Justice Samir J. Dave passed this order after perusing the medical report of the victim which was prepared by Sir Sayajirao Gayakwad General Hospital in Vadodara pursuant to. The bench of …

Railway Claims Tribunal Cannot Punish Any Person For Non-Payment Of Award Passed By It: Karnataka High Court
1 year, 7 months ago

Railway Claims Tribunal Cannot Punish Any Person For Non-Payment Of Award Passed By It: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Railway Claims Tribunal has no power to punish any person for disobeying its orders, granting compensation to claimants. A single judge bench of Justice R Nataraj allowed the petition filed by the Union of India and quashed a 2017 order passed by the Tribunal, issuing show cause notice to the General Manager, …

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 7 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law  

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable
1 year, 8 months ago

Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable

Live Law  

The Karnataka High Court has allowed an application filed by the Karnataka State Road Transport Corporation under Section 47 of Code of Civil Procedure, and held that a decree issued by a court in the United Kingdom, directing compensation be paid to a British couple who suffered injuries when they met with an accident in 2002, while travelling in a …

Gauhati High Court Asks State If It Would Pay Compensation U/S 357A CrPC To Kin For Unnatural Death Of Prisoners In Custody
1 year, 8 months ago

Gauhati High Court Asks State If It Would Pay Compensation U/S 357A CrPC To Kin For Unnatural Death Of Prisoners In Custody

Live Law  

The Gauhati High Court on Thursday directed the Assam government to clarify whether it proposes to grant compensation to the kith and kin of prisoners who died unnaturally in custody, by treating them to be victims as defined under Section 357A of CrPC. The division bench of the Chief Justice Sandeep Mehta and Justice Arun Dev Choudhury was hearing a …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 9 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim
1 year, 10 months ago

Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim

Live Law  

The Calcutta High Court recently directed the West Bengal government to pay a compensation of Rs. The counsel appearing for the SLSA and DLSA submitted that the Scheme of NALSA and the amounts recommended under the Scheme are not made available to the SLSA or the State Government and hence theh cannot award compensation in accordance with the NALSA Scheme. …

Supreme Court Issues Notice On PIL Seeking Compensation Scheme For Victims Of Lynching And Mob Violence
1 year, 11 months ago

Supreme Court Issues Notice On PIL Seeking Compensation Scheme For Victims Of Lynching And Mob Violence

Live Law  

The Supreme Court, on Friday, issued notice in a PIL seeking implementation of directions issued in Tehseen Poonawalla v. Union of India And Ors., particularly, the one regarding compensation scheme to be framed by State Governments and Union Territories for victims of lynching/mob violence under Section 357A of the Code of Criminal Procedure, 1973. Advocate, Mr. Javed Shaikh appearing for …

Calcutta High Court Orders State Govt To Pay 15 Lakh Compensation To Family Of Teenager Who Died In Police Custody
1 year, 11 months ago

Calcutta High Court Orders State Govt To Pay 15 Lakh Compensation To Family Of Teenager Who Died In Police Custody

Live Law  

The Calcutta High Court has awarded a compensation of Rs. While hearing a PIL and Suo Motu Writ Petition regarding the incident, the division bench of the Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya said "there is a sorry state of affairs" in which a young boy of 15 years died in police custody. The court said …

“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody
2 years ago

“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody

Live Law  

The Orissa High Court has ordered the Central Reserve Police Force and the Odisha Police to pay an amount of rupees ten lakhs as compensation to the wife of a tribal man who was killed in their custody in 2010. The mandatory fundamental rights available to an arrested person as spelt out in in Article 22 and of the Constitution …

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