Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement beyond 30 days - Negligence of..........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - PW1 and PW2 carelessly and negligently left deceased/minor boy of 10 years in roadside and they have crossed the road earlier - Accident occurred while deceased crossed the road - Subject vehicle was subjected to inspection after about 5 years from the date of occurrence - Eye witnesses..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Dismissal of claim petition - Only witness examined by the claimants to prove the accident being the result of rash and negligent driving of respondent has only stated that driver was driving the truck on wrong side but does not explain as to on which side the truck was being driven an how it was on wrong side in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition - Dismissal of petition - Delay of 16 years in filing claim petition - There is no limitation prescribed in law for filing application for compensation - However, no explanation by claimants as to why they remained silent for 16 years if accident had occurred due to negligence of respondents -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - No such plea of contributory negligence was raised by driver or registered owner of vehicle in their reply to petition - As appellant and driver of vehicle denied accident having taken place with offending vehicle, it is not open for them to raise a plea of contributory negligence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - Mere fact that tractor attached with trolley directly hit motorcycle of deceased is not at all sufficient to contribute negligence to driver of motorcycle on which deceased was a pillion rider - Plea of contributory negligence held, rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Compensation - Gas tanker/offending vehicle was parked in middle of the road without any indicator or parking lights - Driver of car could not spot parked Gas tanker due to flash lights of oncoming traffic from front side and struck against the back of tanker, resulting in death of two persons on..........