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Justice sa dharmadhikari

Person Falsely Implicated By State In Criminal Case Deserves To Be Compensated: Madhya Pradesh HC [Read Judgment]

July 8, 2018 livelaw Leave a Comment

Share Tweet Plus One Pin It Email Print By: Ashok Kini July 9, 2018 11:27 am Change Font Size  “By one case of false implication of an innocent, rule of law loses one exponent (supporter) and a rebel with defiance towards rule of law is ready. Poor investigation with tainted prosecution is perfect recipe for such eventuality .” Directing the state to compensate accused in an abduction case for false implication, the Madhya Pradesh High Court has observed that if because of poor investigation and tainted prosecution, the accused suffers and it is apparent that he is innocent then he deserves compensation from the state under Right to Life. Justice SA Dharmadhikari and Justice Anand Pathak allowed an appeal filed by two accused who were convicted by the trial court under Section 364-A of IPC r/w Section 11/13 of the Madhya Pradesh Dacoity Vipran Prabhabit Khestra Act. They were sentenced to life imprisonment by the trial court. While acquitting the … [Read more...] about Person Falsely Implicated By State In Criminal Case Deserves To Be Compensated: Madhya Pradesh HC [Read Judgment]

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No Straightjacket Formula For Determining Period Of Limitation For Filing Administration Suit: Bombay HC (FB) [Read Judgment]

May 20, 2018 livelaw Leave a Comment

Share Tweet Plus One Pin It Email Print By: Nitish Kashyap May 20, 2018 12:32 pm Change Font Size A full bench of the Bombay High Court has examined two questions of law that were referred to it by a division bench: (i)   Whether Article 110 of the Limitation Act, 1963, has any application to a suit for administration of the estate of a deceased person? (ii) What is the period of limitation for filing of a suit for administration and partition of the property, both movable and immovable left by deceased? The bench of Justice SC Dharmadhikari, Justice AA Sayed and Justice KR Shriram carefully examined all aspects of the law of limitation and held that there is no straightjacket formula for determining the period of limitation for filing an administration suit. Case Background The suit was filed regarding the administration of the estate of one Roop Sakraney in accordance with her will and testament dated May 14, 2001. The deceased’s husband was a … [Read more...] about No Straightjacket Formula For Determining Period Of Limitation For Filing Administration Suit: Bombay HC (FB) [Read Judgment]

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