Legal Reference Library

Madras High Court has recently directed the Trial Courts to treat victims and witnesses as Court’s Guests. Justice Dr.P.Devadass was considering applications under Section 482 of Code of Criminal Procedure filed by Accused persons in a corruption Case, challenging the Order of Special Judge by which he dismissed their Petitions to re-call the witnesses for cross examination. The Counsel for the Applicants has submitted that under Section 311 of Code of Criminal Procedure, power has been given to the Court to recall a witness, who has been already examined or to summon a fresh witness. It is intended to bring forth relevant evidence to the notice of the Court to enable it to render a correct finding. When it is essential to recall, the Court is bound to recall it. Need of balance Approach: The Court has observed that too much insistence on the right of the accused, forgetting the plight of the victim is not a correct approach. “On the one hand there is right of defence constitutionally ...

There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business. In such cases, there is no prejudice to any party, the Court said. The Supreme Court in Malati Sardar vs. National Insurance Company Limited has restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held that there is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business. Context A young teacher from Hoogly died in an accident in 2008. The Tribunal in Kolkata, on his application awarded a compensation of Rs.16, 12,200/-. The appeal preferred by the Insurance Company preferred was allowed on the ground that the Tribunal has no jurisdiction since the dece...

Relatives who are not immediate ‘legal heirs’ of the victim can also file appeal against acquittal: Delhi High Court Answering a reference whether a member of the extended family of a murder victim file an appeal challenging the acquittal of the accused, Full Bench of Delhi High court, has held that the word “Victim” would embrace any person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. The Full bench, comprising of Justices Pradeep Nandrajog, Gita Mittal and  RavindraBhatin Ram Phalvs State gave a liberal interpretation to the term“a person who has suffered any loss or injury” to include a person who has suffered “harm caused to the mind‟,overruling the decision in Chattar Singh vs Subhash wherein it was held that appellant, who is not a legal heir of the victim cannot file appeal. The court was interpreting Section 2(wa) of the Code of Criminal Procedure, which was introduced by 2008 amendment of the c...