Motor Vehicles Act, 1988, Section 166, 15(1) -- Accident - Compensation - Liability of Insurance company - Driver of offending vehicle was not holding a valid driving license on the date of accident - Renewal of driving license was applied after more than 30 days of its expiry, proviso to S.15(1) of the Act would be attracted and renewal of license would be from the date..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 418, 467, 468, 197 -- Quashing of proceedings - Cheating - Appellant had no role to play in the transaction leading to FIR as he was not a signatory to sale certificate - Since appellant was neither authorized officer at the relevant time nor responsible for auction process or issuance..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - S.118 (a) assumes that every negotiable instrument is made or drawn for consideration, while S.139 creates a presumption that holder of a cheque has received cheque in discharge of a debt or liability - Presumptions under both are rebuttable which can be rebutted by accused by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - If any final order is passed by DRT, determining the liability of borrower or any other liability of any person, and an appeal is preferred u/s 18 of the Act to the appellate tribunal, provision of pre-deposit would come into play...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and bike - Death of driver of bike - Eyewitness/PW3 was accompanying the deceased in another bike - He stated that both the bikes being driven in normal speed when offending truck came from the wrong side and hit the bike of deceased - Truck was driven in a rash and negligent manner - After the..........
Indian Contract Act, 1872, Section 132 -- Liability of surety - Surety can exercise his right to ask the creditor to proceed against principal debtor in first instance before he is asked to pay the same, subject to his undertaking to indemnify the creditor for the loss etc., but not after creditor obtained a decree against both the principal debtor and surety...........
Consumer Protection Act, 1986, Section 23 -- Marine insurance policy - Insurance claim - Repudiation - Breach of special condition - Special condition necessitates that the voyage commences and is completed before monsoon sets in - If the condition is to be interpreted strictly, then the assured would be unable to make a claim in case of a marine accident where the vessel..........
Civil Procedure Code, 1908, Section 151 -- Correction of appellate decree - Clerical mistake - Mistake in the decree corrected vide impugned order is a clerical mistake - There is no imposing a new or additional liability on the petitioner by correction in the decree - Decree is drawn in terms of judgment, operative part - Appeal of appellant was dismissed with costs, so..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
