Motor Vehicles Act, 1988, Section 166 -- Accident - Enhancement of compensation - No effective argument could be raised as to how compensation assessed by Tribunal was inadequate, except claimants entitlement to an increase of 40% towards annual dependency on account of `future prospects' - Appellants are entitled to compensation as awarded by Tribunal besides 40% addition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(A) -- Recovery of 930 grams of Hashish Oil - Nature of offence - Quantity recovered is an intermediary quantity - However, trial Court by treating the quantity seized as small quantity, wrongly sentenced the accused using S.20(b)(ii)(A) of the Act - It can be treated only as a clerical..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 32% of total body disability - Compensation - Enhancement - Appellant is a housewife and income assessed by High Court at Rs.4250 p.m is appropriate - Appellant awarded Rs.3,00,000/- towards medical expenses as she failed to lead acceptable evidence in support of her claim for Rs.Four lakhs - Considering nature of..........
Karnataka Land Reforms Act, 1962, Section 66, 79(1)(b)(iii) -- Declaration of holding - Partnership firm obtained forest area - However, it is not explained by declarants as to how estate of firm devolved upon its partners - No legal instrument brought, through which property of firm became partners individual property - There is prohibition on an association or other body..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Work contract - Tribunal though dealt with claims separately under different sub headings, but award is confusing and has jumbled contention, facts and reasoning without appropriate distinction - From perusal of award, inadequate reasoning and basing award on approval of respondent..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Enhancement - Admittedly, joint elbow was amputated and injury was said to be 95% - Although, injury said to be 50% qua entire body, the fact remain that said injury being a permanent injury will render child incapable of applying or joining various professions and his choice of profession shall be..........
Criminal Procedure Code, 1973, Section 372 - - Appeal against an inadequate sentence - At the instance of victim not maintainable...........
Indian Penal Code, 1860, Section 302 -- Murder - Two sets of prosecution evidence - One set implicating accused and the other set exonerating accused - When prosecution comes with two sets of self contradictory or mutually destructive evidence, Court has to reject both or at best can accept one favouring accused - Since prosecution case is grossly inadequate to bring home..........
Indian Penal Code, 1860, Section 320, 326 -- Acid attack - Prior enmity - Act of causing grievous hurt by use of acid, by its very nature, is a gruesome and horrendous one which apart from causing severe bodily pain, leaves the scars and untold permanent miseries for victim - Fact that victim sustained extensive acid burns on left side of body stands duly proved in his..........
