Legal Update as on 01.02.2023

legal-updates
  1. EX-GRATIA PAYMENT IS NOT TO BE RETURNED TO THE INSURER AFTER DETERMINING COMPENSATION, PER GAUHATI HC – According to the Gauhati High Court, an ex-gratia payment paid to a victim of a motor vehicle accident in accordance with State policy does not need to be returned to the insurer once the victim receives true compensation.
    Lakshi Das v. Gyanendra Dev Tripathi and Anr. and Other related matters
  1. HC: IT IS AN ABUSE OF LAW TO SEEK IMPROVED MAINTENANCE AFTER BLOCKING HUSBAND’S PENSION – The Calcutta High Court has noted that it is a highly challenging position for the husband when a wife blocks a sizable source of income for the husband and then demands an increase in maintenance. This is obviously against the interests of justice and amounts to a violation of the legal process.
    Shilpi Lenka v. Susanta Kumar Lenka & Anr.
  1. SC TO TRIAL COURTS: DON’T RECORD WITNESS TESTIMONIES ONLY IN ENGLISH – The Supreme Court has expressed disapproval of the practise of trial judges recording a witness’ statements only in the English language form as translated by the court when the witness testifies in a foreign language. Trial judges must adhere to Section 277 CrPC.
    Naim Ahamed vs State (NCT of Delhi)
  1. SC – NOT ALL BREAKAGES OF THE PROMISE TO MARRY ARE RAPE – The Supreme Court noted that it would be incorrect to punish a person for rape under Section 376 IPC for every breach of a pledge to marry while simultaneously clearing a man who had also been found guilty of rape.
    Naim Ahamed vs State (NCT of Delhi)
  1. Can criminal proceedings be dismissed when an attempt was made to disguise a civil dispute as a criminal offence – According to the Supreme Court, criminal proceedings can be dismissed under Section 482 of the Criminal Procedure Code where it is determined that an attempt was made to pass off a disagreement that is primarily of a civil nature as a criminal offence.
    Usha Chakraborty & Anr. Versus State of West Bengal & Anr. SLP (Crl.) 5866 of 2022
  1. MAN, ALLEGEDLY RAPED A VICTIM WHILE IMPERSONATING A HINDU, BUT MP HC DENIES HIM BAIL – When denying bail to a man named Hashim who was accused of raping a girl from the Scheduled Caste (SC) community while posing as a Hindu, the Madhya Pradesh High Court noted that such offences are dangerous for societal harmony among the different religious groups.
    HASHIM vs. The State of Madhya Pradesh

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates