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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. {Para 9}(Emphasis supplied)Further, the Supreme Court in the case of Gohar Mohammed Vs. U.P. SRTC2 has reiterated that the claimant is not required to plead or estab...

The short point for consideration before this Court is whether the amendment in Section 163-A of the Motor Vehicles Act, 1988, which came into effect by a Gazette Notification on 22nd May, 2018, would relate to an accident which had occurred prior to the said date. {Para 4} 10. The order of the High Court is well discussed and we agree with the view taken. We may, however, add t...

On the one hand, the petitioner claims that she is unable to maintain herself and she cannot afford to purchase even the basic necessities for survival and on the other hand, she is multiplying non-compulsive litigation against her husband. The petitioner had filed an application under Section 125 Cr.P.C. and a complaint under Section 12 of the Domestic Violence Act claiming mai...

1. Introduction: The Strategic Convergence of Science and LawIn the contemporary Indian legal landscape, the transition from colonial-era statutes—the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC)—to the modern framework of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) has codified a pivotal shift toward scientific rigor...

The police must have received some information. Why the other information was suppressed by the prosecution has not been explained. In a situation of this nature particularly if an FIR was lodged after recording the statements of the witnesses, another FIR would not be admissible in evidence and ordinarily an investigation cannot be started without recording the FIR.{Para 25} IN...