Science and technology are moving fast. But law has not catch up fast.
At present, there are no rules that each postmortem has to be video recorded.
But Magistrates do have powers to so order in the interest of Justice.
If death has taken place in suspicious circumstances, if it is desired that postmortem be Video recorded, than affected or interested person can apply to Magistrate to direct police to video record entire postmortem.
The question of cost may arise. Applicant may have to deposit such costs if court so directs. It may be discretionary though.
As soon as FIR is registered, court has power to direct that any part of investigation be video recorded, be it statement of witnesses, place of incident, recovery of weapon etc.
These are new areas of criminal law which needs to be explored, debated to reduce corruption and secure fair investigation of crime.
Haresh Raichura
3/11/13
(C) Copyright
November 3, 2013
November 1, 2013
Can husband be convicted under 306 if wife commits suicide because divorce is given by husband?
The above point is involved in an upcoming appeal in Supreme Court. Husband had extra marital affair. He gave divorce to wife. Next day wife committed suicide. The question is whether conviction of husband under Sec.306 for abetment of suicide is justified?
Haresh Raichura
1/11/13
Case of eight labourers who travelled on a truck from Madhya Pradesh to Gujarat
The truck was fully loaded with small metal stones (Kapchi) used in road making.
One masonry worker and seven labourers were sitting on overloaded truck and were on their way from Madhya Pradesh to Gujarat.
Truck met with an accident and turned turtle.
One masoner died.
Seven labourers were injured.
A lawyer filed claim cases for the legal heirs of deceased masonor and other labourers who were travelling on truck.
The Insurance Company denied liability on ground that it was a goods vehicle, there was no permission to carry travellers.
The lawyer arged that all these person were travelling with their goods and belonging and therefore, insurance company was liable.
First court rejected this argument. It awarded compensation but said it can be recovered only from Driver and Owner of the truck.
The claimants and his lawyer were disappointed. There was no possibility of recovering compensation award from driver or from owner of truck.
They went to High Court. High Court denied relief.
The matter came to Supreme Court.
The Supreme Court noticed plight of poor man who had died. It increased amount and directed insurance company to pay.
Law point Yet to be Argued and Settled
Even if Owner and Driver breach terms of policy, such breach cannot dissolve statutory liability of Insurer to third parties in the event of accident. If there is breach of condition of policy, insurance company has to pay to claimant and then recover it from owner and driver.
Haresh Raichura
1/11/13
-(C) Copyright
One masonry worker and seven labourers were sitting on overloaded truck and were on their way from Madhya Pradesh to Gujarat.
Truck met with an accident and turned turtle.
One masoner died.
Seven labourers were injured.
A lawyer filed claim cases for the legal heirs of deceased masonor and other labourers who were travelling on truck.
The Insurance Company denied liability on ground that it was a goods vehicle, there was no permission to carry travellers.
The lawyer arged that all these person were travelling with their goods and belonging and therefore, insurance company was liable.
First court rejected this argument. It awarded compensation but said it can be recovered only from Driver and Owner of the truck.
The claimants and his lawyer were disappointed. There was no possibility of recovering compensation award from driver or from owner of truck.
They went to High Court. High Court denied relief.
The matter came to Supreme Court.
The Supreme Court noticed plight of poor man who had died. It increased amount and directed insurance company to pay.
Law point Yet to be Argued and Settled
Even if Owner and Driver breach terms of policy, such breach cannot dissolve statutory liability of Insurer to third parties in the event of accident. If there is breach of condition of policy, insurance company has to pay to claimant and then recover it from owner and driver.
Haresh Raichura
1/11/13
-(C) Copyright
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