Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not have a licence as required under the Act and the Rules to drive a vehicle carrying dangerous and hazardous goods - Eye witness clearly deposed that accident was caused by reason of rash and negligent driving of vehicle which the driver was not entitled to drive for reason..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be sole basis of conviction provided same is consistent - When contents of dying declaration as per PWs are at variance to one another vis-a-vis role of accused, it would be hazardous to rely on such evidence to come to a finding of guilt against him...........
Additional Duties of Excise (Goods of Special Importance) Act, 1957, Section 3, Central Excise Act, 1944, Section 5A(1) -- Pan Masala - Withdrawal of exemption - Public Interest - Large percentage of teenagers consuming the hazardous product which led to exposing a large chunk of young population to the risk of oral cancer - Taking into consideration this aspect, if the..........
Contempt of Courts Act, 1971 -- Contempt of Court - It would be hazardous to impose sentence for contempt, in exercise of contempt jurisdiction on mere probabilities...........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2002, Section 3, 4 -- Rape - Determination of age of prosecutrix - Best important documentary evidence to determine age of prosecutrix not coming on record - Reasons not supplemented by prosecution for not producing said record - Adverse inference thus, drawn against prosecution - As..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 14.750 kg charas - Identification of accused - Accused implicated in the offence wholly due to recovery of his bank passbook from the vehicle in question - Testimony of PW1 and PW8 taken together by itself is not adequately persuasive to unimpeachably establish the identity of driver of..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of 31 weeks pregnancy - Medical examination of petitioner shows that if pregnancy is terminated at this stage it is not going to be more hazardous than spontaneous delivery at term, as child not likely to survive after birth - On the contrary continuing pregnancy will cause more mental anguish to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 343, 374, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 79 -- Anticipatory bail - Offence u/ss 343, 374 IPC and Ss.75, 79 of JJ Act - Establishment of accused is not dealing with any hazardous process - There is no ostensible engagement of the child and keeping the..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Food Safety and Standards Act, 2006, Section 19, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 -- Milk - Adulteration with hazardous substances like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers health - Supreme Court passed necessary directions, viz. (i) Union of India and State Governments shall take appropriate..........
