Motor Vehicles Act, 1988, Section 173 -- Fatal motor accident - Deceased 33 years of age at the time of accident and earning Rs.25, 836/- per month as Senior Medical Officer - Claimant husband of the deceased - Tribunal awarded compensation to the tune of Rs.35, 37, 740/- taking the entire salary of the deceased as earning - Held, dependence of the claimant at the time of..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non joinder of necessary party in a suit for partition is fatal - Such defect cannot be cured in appeal by filing an application to implead them as parties to appeal...........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d), Motor Vehicles Act, 1988, Section 166 -- Motor vehicle - Manufacturing defect - Motor accident - Death of occupants - Compensation - Complaint maintainability - Jurisdiction - Consumer Fora - Merely on the ground of car having broken into two pieces, due to impact of accident, it cannot be presumed that there was..........
Criminal Procedure Code, 1973, Section 300 -- Bar against second trial on same facts - Accused charge sheeted for an offence u/s 304-A IPC on the ground that he did not properly fence the transmission machinery in the factory as a result the factory worker came in to contact with transmission machinery, sustained fatal injury and died - Accused acquitted by the trial court..........
Vital documents -- Delay in sending to Court - Delay by itself is not fatal to the prosecution in each and every case - Effect of delay in sending the vital documents to the Court have to be assessed and appreciated on the facts and circumstances of each case...........
Criminal Procedure Code, 1973, Section 161 -- Delay in sending statements recorded u/s 161 Cr.P.C. to the Court - Explanation of I.O. available on record - Reasons beyond control of I.O. - Nobody's case that such statements were not recorded by I.O. at all - Not fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Link evidence - Delay of 6 days in sending sample to Chemical Examiner - Link evidence not worthy of credence - Unexplained delay of 6 days fatal to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Delay of seven days in sending sample for analysis - Seal on samples not in any manner tampered with before it was examined by Chemical Examiner and this fact also mentioned in report of Chemical Examiner - Held, delay itself is not fatal to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 35 bags - Conviction by trial Court - Acquittal by High Court - Case property produced in Court and there was no evidence that the same was ever tampered with - Accused found sitting on bags and conscious possession proved - Delay of seven days in sending sample for analysis is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Petition to amend schedule of property by describing it in detail and to add some parties and also to change alphabets of the title of some of the parties - Amendment sought to remove twin objection of non-joinder of necessary parties and non description of suit property taken in written statement - By..........
