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Bombay HC: In a proceeding U/S 163-A or S 164 of the Motor vehicle Act, it is not open for the insurer to raise any defence of negligence on the part of the victim

For the aforesaid reasons, we answer the question arising by holding that in a proceeding under Section 163-A of the Act, it is not open for the insurer to raise any defence of negligence on the part ...
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When the Person Dies Before the Cells: Somatic and Molecular Death in Medical Jurisprudence

Somatic death — also called systemic or clinical death — is the permanent and irreversible cessation of the vital functions ...
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Class Evidence, Not Proof of Identity: Medical Jurisprudence Perspectives on Bloodstain Serology

An exact claim that every absorption–elution test requires preliminary fixation at 100°C is unsafe. Authoritative descriptions recognize several immobilization or fixation approaches—including ...
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Bombay HC: Under which circumstances non examination of independent witnesses creates cloud of doubt about prosecution story.?

However, the Investigating Officer has not recorded statement of any witnesses and no eye witnesses have been examined, the spot of incident is open and surrounded by houses. It is not the case of the ...
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Bombay HC: Whether the court can convict accused based on S 164 CRPC statements of prosecution witnesses?

Section 164 stands on higher pedestal {Para 70} 71. So if we look at the weightage and value of evidence of judicial officer from all the angles, we may find that his evidence cannot be said direct on ...
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Supreme Court: Lacerated wounds and Contusion are possible only by hard and blunt object and not by sharp-edged weapon

It could not be doubted that the injuries in the nature of lacerated wound or contusion could not be caused by an impact of a sharp-edged weapon on the human body. Such injuries are only possible by ...
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What is basic concept of artifact in medical jurisprudence and the Forensic Art of Spotting False Evidence?

The defining markers that separate a true injury from an artifact are consistent: the absence of a vital reaction, and the presence of a plausible, non-violent explanation rooted in environmental ...
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Bombay HC: Under which circumstances, prosecution has failed to prove seizure of cloths and sword from possession of accused?

Citation: MANU/MH/2424/2016,2016 ALL M R (Cri) 4436.
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Supreme Court: Evidence of witnesses about what deceased had told them against the accused about the torture and harassment is inadmissible U/S 32(1) of the Evidence Act

The moot question is: whether the statements attributed to the deceased could be used as evidence for entering upon a finding that the accused subjected Ranjana Rani @ Raj Kumari to cruelty as ...
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Bombay HC: If investigating officer fails to produce record of hospitals where injured were first taken, the court must draw adverse inference against prosecution

Though in the night time itself deceased was reached to Civil Hospital Solapur, the fact remains that the deceased was first taken to two Government Hospitals and there some record must have been ...
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Bombay HC: If successive bail applications are filed with no change of circumstances, it is liable to be rejected

The applicant has approached this Court seeking regular bail in connection with FIR dated 08.02.2023 bearing Crime No. 0044 of 2023 registered with Vaijapur Police Station, Dist. Chhatrapati ...
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Bombay HC: Under which circumstances prosecution has failed to give explanation for delay in FIR?

JUDGMENT :- The present Revision is filed against the judgment and order of acquittal, passed by the Additional Sessions Judge, Sangamner, dated 19.12.2001, in Sessions Case No. 21 of 2001, by which ...