Right of Private Defence / Self Defence / Self Preservation : 10 Important Legal Points

1. Self-preservation is the basic human instinct and is duly recognised by the criminal jurisprudence of all civilised countries. All free, democratic and civilised countries recognise the right of private defence within certain reasonable limits.
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NDPS Act - Informant and the Investigator must not be the same Person [SC JUDGMENT]

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 18 - A fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done, but must appear to be done also. Any possibility of bias or a predetermined conclusion has to be excluded. This requirement is all the more imperative in laws carrying a reverse burden of proof.
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5 Important Supreme Court of India Judgments Pronounced Today [Tuesday, August 14, 2018]

1. Ram Chandra Singh v. Rajaram


Motor Accident Claims - Fake Driving Licence - If the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake, per se, would not absolve the insurer. 
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Insolvency and Bankruptcy Code, 2016 [SC JUDGMENT]

Whether Section 14 of the Insolvency and Bankruptcy Code, 2016, which provides for a moratorium for the limited period mentioned in the Code, on admission of an insolvency petition, would apply to a personal guarantor of a corporate debtor.
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Video Conference with Accused in Jail extends to Counsel [SC JUDGMENT]

All Legal Services Authorities / Committees in every State to extend the facility of video conferencing between the counsel on one hand and the accused or anybody in the know of the matter on the other in every criminal case wherever the accused is lodged in jail, so that the cause of justice is well served.
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Principles Governing Dying Declaration [JUDGMENT]

Penal Code, 1860 - The evidence of the defence witnesses has not been able to dislodge the prosecution case, which clearly stood fortified by the two dying declarations on record. The trial court was justified in relying upon the same as the dying declarations are found to be believable, trustworthy and inspiring confidence. The evidence and material on record was properly analyzed by the trial court while convicting the accused under Section 304 Part I of the IPC, while acquitting the co-accused.
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Whether Forfeiture of Gratuity under Payment of Gratuity Act, 1972 is Automatic on Dismissal from Service [SC JUDGMENT]

Payment of Gratuity Act, 1972 - Whether forfeiture of gratuity, is automatic on dismissal from service - Held, forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-Sections (5) and (6) of Section 4 of the Act.
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Mere fact that the Driving Licence is Fake, per se, would not Absolve the Insurer [SC JUDGMENT]

Motor Accident Claims - Fake Driving Licence - If the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake, per se, would not absolve the insurer.
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What Exactly Constitutes “Misconduct” in Service Jurisprudence [JUDGMENT]

Service Law - the allegation of unauthorized absence from duty, by the petitioner, could, in view of the evidence that led before the IO, be said to have been established only to the extent of violation of a technical requirement of obtaining prior sanction before proceeding on leave; however, no punishment of removal from service could be justified thereon.
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Test for Determining Medical Negligence [ORDER]

Medical Negligence - In spite of repeated request for necessary treatment for curing the accumulation of fluid/water in the chest area, doctor mechanically opined that the problem was due to old age of the deceased patient and mechanically advised the deceased patient to drink milk - there was medical negligence and deficiency of service on the part of the doctor.
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Concept of Protective Umbrella against Arrest [ORDER]

Criminal P.C. 1973 - Ss. 437, 438 & 439 - Concept of Protective Umbrella against Arrest - Order granting protection from arrest cannot be deemed as an order of anticipatory bail and such order cannot bypass the statutory requirements for ensuring the appearance of the accused persons before the investigating authority of trial Court.
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