free legal guide 1969

  Insurance Company not liable to pay compensation:- Insurance Company not liable to pay compensation if the vehicle carrying passengers beyond   the sitting capacity. In the case of   “National Insurance Co.Ltd vs Anjana Shyam & ors’ (2007) 7 SCC-445   the vehicle had only the capacity to carry 42 passengers but at the time of accident but  there were 70 passengers in the bus. So the Insurance Company not compelled to meet the award   beyond the contract of insurance itself. If the premium not paid to the Insurance Company, the Company is not liable to pay compensation 2008 SCC Online Guj-140.

  Testimony of Judge Witness in Criminal Case:- Karnataka High Court Declines Request for In-Person Testimony of Judge Witness in Criminal Case:- In a case of “Mahadev And State of Karnataka” (Criminal Petition No 200953/2023 dt. 11-08-2023/HON’BLE Justice Venkatesh Naik T). On June 27, 2017, when the Principal Civil Judge and JMFC in Vijayapura was performing her official duties, the accused entered the room with the intention to argue, verbally abused her. The   police initiated legal proceedings against the accused and submitted a charge sheet containing charges under sections 353, 448, 504, and 506 of the IPC. The petition requesting the personal attendance of the Principal Civil Judge for the purpose of cross-examination as a witness in his case, rather than utilizing video conferencing, has been rejected by the Karnataka High Court. The Court has held that the   panel made reference to the exception in Section 275(1) of the CrPC, which states that testimony ...

  Inheritance and Survivorship:-                         ‘Mulla’ in his book Hindu Law (22nd Edition), while discussing the law prior to the Hindu Succession Act, 1956 says that there are two systems of inheritance amongst the Hindus in India, namely, Mitakshara system and Dayabhaga system. The Dayabhaga system prevails in Bengal, while the Mitakshara system is applicable to other parts of India. The difference between the two systems arises from the fact that, while the doctrine of religious efficacy is the guiding principle under Dayabhaga School, there is no such definite guiding principle under the Mitakshara School. Sometimes consanguinity, and at the other times, religious efficacy has been regarded as the guiding principle. According to ‘Mulla’, Mitakshara recognises two modes of devolution of property, namely, survivorship and succession. The rules of survivo...

  DNA Explained in Simple Terms:-                         DNA fingerprinting or DNA profiling or DNA typing is considered as the most significant contribution of science and technology in the twentieth century and is anticipated to become the universal technique  of the twenty first century.This emerging technique has revolutionized the whole world by distinguishing every individual from the other individual.It plays a momentous role in criminal and civil justice delivery systems,identification of skeletal remains,detection of early diseases,inherited disorders etc. Deoxyribonucleic acid, more commonly known as DNA, is the complex chemical structure that uniquely identifies each and every organism. An organism’s complete set of DNA is known as a genome.DNA is the fundamental building block of the genome.DNA is located inside an organism’s chromosomes. A chromosome is a structure found in the cell nucleus that contai...

  Guarantor has the liability to pay the loan amount taken by the principal debotor:- Recovery of debt from guarantor-Held, guarantee being a continuing guarantee,so long as the principal debt remained due and payable,the guarantor also remained liable-The suit was therefore not barred by limitation-However,liability of guarantor cannot exceed that of the principal debtor,even thought he guarantee documents mentioned so,since guarantor is only guaranteeing debt due by the principal debtor-Principal debtor being liable to pay interest 13.5% in respect of term loan facility   and 14% p.a. in respect of cash credit facility (B.G.Vasantha vs Corporation Bank<amangalore & anr,(2005) 10 SCC-215.                            Liability of guarantor is co-extensive with that of principal debtor unless it is explicitly exluded by the contract-Further held,...

  Sentence less than Minimum Sentence:-                    In “ State of MP vs Vikram Das ” reported in (2019) 4 SCC-125,the Supreme Court has held that awarding sentence less than the minimum sentence is impressibility .                    In “ State v. Ratan Lal Arora” : (2004) 4 SCC-590, the Supreme  Court of India said that in cases where an enactment enacted after the Probation Act prescribes minimum sentence of imprisonment, the provisions of the Probation Act cannot be invoked.