Supreme Court: Amendment in S 163-A of the Motor Vehicles Act, which came into effect on 22nd May, 2018, would relate to an accident which had occurred prior to the said date

The short point for consideration before this Court is whether the amendment in Section 163-A of the Motor Vehicles Act, 1988, which came into effect by a Gazette Notification on 22nd May, 2018, would relate to an accident which had occurred prior to the said date. {Para 4}

 10. The order of the High Court is well discussed and we agree with the view taken. We may, however, add that a beneficial legislation would necessarily entail the benefit to be passed on to the claimant in the absence of any specific bar to the same. In the present case, the liability of the appellant-Insurance Company has not been interfered with. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. ... of 2024 (Arising Out of Special Leave Petition (Civil) No. 6260 of 2019)

Date of Order: 08.02.2024

The New India Assurance Co. Ltd. Vs. Urmila Halder

Hon'ble Judges/Coram:

Ahsanuddin Amanullah and Sandeep Mehta, JJ.

Citation: MANU/SCOR/20390/2024.

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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 of the victim. {Para 9}

(Emphasis supplied)

Further, the Supreme Court in the case of Gohar Mohammed Vs. U.P. SRTC2 has reiterated that the claimant is not required to plead or establish any wrongful act or neglect or default of the owner of vehicle or driver or any other person for payment of compensation under Section 164 of the MV Act. Relevant paragraph of the aforesaid decision is reproduced below: -

48. The aforesaid provision has been brought where the claimant(s) is not required to plead or establish any wrongful act or neglect or default of the owner(s) of the vehicle(s) or of any other person for payment of compensation. Therefore, sub-section (1) has been given overriding effect limiting the liability to pay compensation to the tune of Rs 5 lakhs in case of death and Rs 2:50 lakhs in case of grievous hurt to the legal heirs or to the victims), as the case may be.

 IN THE HIGH COURT OF BOMBAY

First Appeal No. 1431 of 2025

Decided On: 09.06.2026

Maharashtra State Road Transport Corporation Vs. Chandrakant Ravji Dore

Hon'ble Judges/Coram:

Aarti Sathe, J.

Citation: 2026:BHC-AS:23333,MANU/MH/4806/2026.

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Allahabad HC has deprecated filing of multiple non-compulsive litigation for maintenance by wife when she is unable to maintain herself

On the one hand, the petitioner claims that she is unable to maintain herself and she cannot afford to purchase even the basic necessities for survival and on the other hand, she is multiplying non-compulsive litigation against her husband. The petitioner had filed an application under Section 125 Cr.P.C. and a complaint under Section 12 of the Domestic Violence Act claiming maintenance. Although she had a legal right to institute numerous proceedings claiming maintenance under various statutory provisions but when she claims to be unable to maintain herself and afford even the basic necessities for survival, it does not appear to be proper to multiply non-compulsive litigation. Further, non filing of the suit for restitution of conjugal rights or divorce indicates that the petitioner is interested only in claiming maintenance from her husband before various fora and not in settling her disputes either way by restitution of her matrimonial status or by dissolution of her marriage. {Para 9}

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 4292 of 2026

Shashi Gupta Vs State Of U.P. 

Coram: HON'BLE SUBHASH VIDYARTHI, J.

Citation: 2026 AHC LKO 55690.

Dated: August 11, 2026

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Unlocking the Silent Witness: A Master Guide to Forensic Jurisprudence, Post-Mortem Science, and Medical Evidence in Criminal Trials

 1. Introduction: The Strategic Convergence of Science and Law

In the contemporary Indian legal landscape, the transition from colonial-era statutes—the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC)—to the modern framework of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) has codified a pivotal shift toward scientific rigor. Forensic jurisprudence is no longer an adjunct to investigation but a core mandate; under Section 176(3) of the BNSS, forensic examination is now mandatory for offences punishable by seven years or more.

Medical evidence serves as the "Silent Witness," providing a non-volatile, biological record of a crime that remains immune to the vagaries of human memory. Unlike eyewitnesses, the physical body offers objective data points that, when interpreted by a Senior Forensic Consultant, can dismantle a prosecution’s theory. This utility, however, depends entirely on understanding the biological clock initiated at somatic death. The inevitability of post-mortem change dictates the "Golden Hour" of investigation, where the window for the most precise chronometric scales begins to close. Depending on the context, a chronometric scale refers to a system used to measure exact intervals of time or calculate numerical values based on elapsed time.

2. Unit I: Death and Post-Mortem Changes (The Chronometric Scale)

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