Now let us examine whether what was heard by prosecution witnesses viz., PW2 Nandkumar Pol, PW3 Sunita Pol and PW4 Duryodhan Kadam allegedly from the victim minor child aged about 3 1/2 years constitutes piece of admissible evidence. Section 59
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Bombay HC: Prosecution case becomes unbelievable if there are no blood stains on the clothes of prosecution witnesses who had lifted the injured
PW2 and PW9 had lifted Rajesh, their clothes also ought to have blood stains but their clothes were not seized by the Police. Reliance can be placed on the judgment reported in 2003 SCC (Cri) 1825 in the case of…
Bombay HC: Prosecution case becomes unbelievable if witnesses say that they did not lift the deceased and if they lifted, there were no blood stains on their clothes
Another reason why we are not inclined to accept testimony of these witnesses is that, though all of them state that, they were on the spot and they also accompanied the deceased up to the hospital, either they say that …
Bombay HC: The doctor’s admission that the victim’s injuries could have been caused by falling on the road, combined with the existing enmity between the parties, constitutes grounds for acquittal
It is observed that the Trial Court had considered the answers given by P.W. 7 Dr. Joshi, during his cross-examination that the injuries sustained by P.W. 1 and 2 could have been possible by fall on the road and also …
No Shield For Directors? BHC Analyses The Applicability Of The Moratorium Under Sections 96 And 101 Of The IBC To Prosecutions Under Section 138 Of The NI Act
Bombay HC: In a proceeding U/S 163-A or S 164 of the Motor vehicle Act, it is not open for the insurer to raise any defence of negligence on the part of the victim
For the aforesaid reasons, we answer the question arising by holding that in a proceeding under Section 163-A of the Act, it is not open for the insurer to raise any defence of negligence on the part of the victim. …
Bombay High Court: CWC cannot take custody of Child who is neither orphan nor abandoned
The Bombay High Court has held that a Child Welfare Committee (CWC) cannot exercise jurisdiction over a child who does not fall within the category of a “child in need of care and protection”, including a child who is neither…
Power to Postpone Municipal Meeting Cannot Defeat Statutory Mandate: Bombay High Court
The exercise of a statutory power cannot be sustained where it operates to frustrate the very mandate which the law requires to be fulfilled. In Rajesh Vadhrya & Anr. v. Ulhasnagar Municipal Corporation & Ors., the Bombay High Court …
Delhi High Court dismisses Vimal Elaichi makers’ plea against FDA notices to Shah Rukh Khan, Ajay Devgan, Tiger Shroff
The Delhi High Court on Monday dismissed a plea filed by the makers of VIMAL Elaichi seeking to quash show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to its brand ambassadors Shah Rukh Khan, Ajay Devgn and…
JOB OPPORTUNITY AT FOX MANDAL & ASSOCIATES
Fox Mandal & Associates LLP is one of India’s oldest and most respected full-service law firms. With full-fledged offices in major cities and various representative offices across India, each practicing across various facets of law, Fox Mandal
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