Legal Player

Claims under MV Act :-

The first important question that arise is whether the deceased/injured hold valid DL?
There can be three scenarios in response to the question,
1. The deceased/injured i.e Victim, is holding a valid DL
2. The victim is not holding a valid DL
3. The victim do hold a DL but the validity period expired.

In first case, the claim would succeed depending the facts and circumstances of the case.
In second case, the victim do not hold right to claim compensation as he is incompetent to drive in the eyes of law.
In third case, mostly the courts are reluctant to grant claim, but then why are we for?😉
It depend on the skill of the lawyer to convince the court and win compensation for his client.
Rest details about compensation amount, future projected income, deductions would be shared later on.
Any questions are welcome.

Section 144
What is section 144 and why we are hearing it alot recently?
Section 144 we hear about is of Code of Criminal Procedure, 1973 which gives District Magistrate, SDM or Executive Magistrate special power to maintain law and order and peace in society.
1. Against whom order can be passed u/s 144 Crpc?
Ans. Any Individual, Group of persons, People of Particular locality or Public in General.
2. What happens when Sec 144 is imposed?
Ans. "Curfew" like condition happens and there is bar on assembly of group of people more than 4.
3. What all are banned during order prevails?
Ans. Educational institutions, Internet and other facilities.
4. Till when order lasts?
Ans. Order lasts upto 2 months which can be further extended by government for not more than 6 months.
5. When order may be rescinded earlier?
Ans. At motion of Magistrate by whom order passed, State Government on own or on application of any aggrieved person.

Comment to discuss!
Happy Law!

There is roundway confusion about Lie detector tests including,
1. Polygraph Test
2. Narco Analysis
3. Brain Mapping
Some High courts including Kerela, UP have considered them as ethical way to conclude investigations.
But Supreme Court in 2011, ruled out all judgements of lower courts and considered these tests as unconstitutional as in violation of Article 20(3) i.e Law against self incrimination and Article 21 i.e Right to Life covering aspect of Privacy.
So these test are not mandatorily to be taken and doesn't serve conclusive evidence in court of law.

Happy Law!

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