Motor Vehicles Act, 1988, Section 165 -- Accident - Compensation - Jurisdiction of Tribunal - Accident took place in Nepal - Appellants who were claimants before Tribunal were prosecuting cases against respondents, all whom are Indian citizens and who are permanent residents of India - Driver, owner, contractor and insurer are all Indian parties - Contract took place in..........
Advocates Act, 1961, Section 49(1)(c), Constitution of India, 1950, Article 165 -- Advocate General - Restriction on appearance for private party - Held, Advocate General of a State is not disabled from appearing for a private party except against the State of which he is the Advocate General unless he is expressly disabled by any further specific provision in the..........
Evidence Act, 1872, Section 165 -- Power of Court - To put question to parties before it - Court has extraordinary power to elicit the truth and to act in the interest of justice - Party cannot tell Court that question put to him is irrelevant...........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Motor Vehicles Act, 1988, Section 165, 175 -- Damage to property - Claim for compensation - Civil suit - Tempo driven in a rash and negligent manner dashed against shop of plaintiff - Civil suit for damages - Held, civil suit for damages is not maintainable - Jurisdiction exclusively vests with Tribunal to entertain claim for damages to property u/s 165 of the Act...........
Constitution of India, 1950, Article 165, 217, 226, 21 -- Public Interest Litigation - Person appointed as Advocate General by the State Govt. - Appointment challenged by petitioners (one of them a practicing lawyer) by filing PIL on the plea that the person was not eligible for appointment under Article 165 read with Article 217 of the Constitution of India as he was more..........
Motor Vehicles Act, 1988, Section 147(1), 165(1) -- Motor insurance - Contractual liability - Goods sent through goods vehicle - Damage to goods during transit - There was contractual liability to transport goods in safe condition under the Carriers Act - Damage to goods does not result in tortuous liability under Motor Vehicle Act - Owner of goods not a third party -..........
Motor Vehicles Act, 1988, Section 147(1), 165(1) -- Any property of third party - Meaning - It means property which is outside the goods vehicle and not being carried in goods vehicle...........
Motor Vehicles Act, 1988, Section 147(1), 165(1) -- Damage to goods - Goods vehicle - Third party - Goods of a consignor/consignee being carried in a goods vehicle - Cannot be termed to be the property of third party...........
Criminal Procedure Code, 1973, Section 156, 165 -- Judicial interference in investigation - Magistrate directed Investigating Officer to add offence of S.307 IPC and investigate matter properly - Direction given by Magistrate set aside - Held, Court cannot direct investigating agency to focus on any particular offence and do investigation accordingly...........
