Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Driving licence - Driver at the time of accident was having licence to drive a LMV - Vehicle was also LMV its gross weight was 2750 Kgs and it was registered as private vehicle - Plea that driver of the vehicle was not having valid driving licence repelled...........
Indian Penal Code, 1860, Section 96, 106 -- Private defence - To make out a case of private defence, accused need not plead it in specific terms - If circumstances justify an inference with regard to such a right, Court must examine that possibility as well...........
Indian Penal Code, 1860, Section 97 -- Private defence - Need not to be pleaded in specific terms - If the circumstances justify an inference with regard to such a right, Court must examine that possibility as well...........
Indian Penal Code, 1860, Section 302, 97, 98, 99, 100, 101, 102 -- Private defence - Deceased was not only a Karate expert but also armed with a knife - Accused apprehended injury at the hands of deceased - Accused exercised the right of private defence - At best it can be said that accused exceeded the right of private defence - Conviction altered from S.302 to S.304(1)..........
Indian Penal Code, 1860, Section 96 -- Right of private defence - Nothing is an offence which is done in exercise of right of private defence - `Right of private defence' is not defined - Provision merely indicates that nothing is an offence which is done in exercise of such right - Whether in a particular set of circumstances, a person legitimately acted in the exercise..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105 -- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances..........
Indian Penal Code, 1860, Section 96, 100 -- Private defence - Aggressor - Question as to who was the aggressor cannot be determined on the basis of number of injuries suffered on side of complainant or accused - Question is to be determined on the basis of evidence adduced on behalf of the parties and relevant circumstances have to be taken into consideration - Real onus..........
Indian Penal Code, 1860, Section 96, 97, 100 -- Private defence - Principles : (1) Number of injuries is not always a safe criterion for determining who the aggressor was; (2) Right commences, as soon as a reasonable apprehension of danger to body arises from an attempt, on threat, to commit the offence although the offence may not have been committed but not until there..........
Constitution of India, 1950, Article 226, 227, Motor Vehicles Act, 1988, Section 104 -- Writ petition - Restriction on grant of permits in respect of a notified area or notified route - Challenge against grant of stage carriage permit to private operators for plying buses on monopoly route - In no circumstance private operator can be granted stage carriage permit regularly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of six bags - Seal after use handed over to police official though private witness was also present - Possibility of seal being tampered with, substance being changed and case property being resealed cannot be ruled out - Accused acquitted...........
