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DELHI HIGH COURT
PRATHIBA M.SINGH
G – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. mandatory presence of informant during bail hearings. (Para 1 , 2 , 3) |
| 2. provisions under the pocso act concerning child victims. (Para 4 , 5) |
| 3. court directives to ensure compliance of practice directions. (Para 6 , 7 , 8) |
| 4. issues regarding notice to complainants in bail applications. (Para 9 , 10 , 11) |
| 5. court's concern over non-compliance of legal requirements. (Para 12 , 13 , 14) |
| 6. importance of hearing complainants before bail decisions. (Para 15 , 16) |
| 7. reaffirmation of legal requirements and court procedure. (Para 18 , 19) |
| 8. responsibility of courts to ensure notice is served. (Para 20 , 21) |
| 9. issuance of orders to enhance compliance of legal mandates. (Para 22 , 23 , 24) |
| 10. court's conclusion for setting aside improper bail orders. (Para 25 , 26 , 27) |
JUDGMENT
1. The present Petition highlights a perennial and grave problem of hearing not being afforded to victims/complainants/informants, in bail applications filed on behalf of those accused who are facing trial under the provisions of Sections 3 76 (3), 376- AB, 376 - DA or 376 DB of the IPC dealing with rape of women below 12, 16 years of age including gang rapes as also under the provisions of Protect
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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