Bihar Control of Crimes Act, 1981, Section 12 -- Preventive detention - Sponsoring Authority referred to ten cases to show the criminal history of detenue relating to his indulgence in activities like murder, dacoity, road robbery and other cognizable offences - Ground for the purpose of detention non existing - Held, it cannot be said that petitioner is repeatedly..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Enhancement of - Deceased, housewife aged 39 years, died in road accident leaving behind husband and minor child - As per MVA fixed notional income of non-earning person is 1/3rd income of earning spouse for computation of compensation - Claimant stating annual income of deceased was 50,000/- p.a. - Apex..........
Indian Penal Code, 1860, Section 304A, 279 -- Death due to rash and negligent driving in public place - Accused, by driving his scooter in a rash and negligent manner, dashed against four years old boy and thereby caused serious injuries to him - Boy subsequently succumbed to injuries - Accused took plea that accident occurred due to bursting of tyre of scooter - Held,..........
Vehicle sale -- Forcible repossession - Compensation - Keeping of the original documents/bills to be delivered later on and repossession of vehicle allegedly for non - payment of some dues and vehicle delivered to the respondent - complainant later on - Held that once the appellant - OP had parted with the vehicle, they were to hand over the necessary documents also..........
Indian Penal Code, 1860, Section 452 -- House tress pass after preparation for hurt - Accused gained entry to the house of complainant at night by unlatching the chain - No evidence that any device such as metal road etc. was used by accused - `Preparation' which is sine qua non for the commission of offence u/s 452 of the Code not proved - Held, in the absence of evidence..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 84, 39, 56, 59, 60, 66, 149(2)(a)(i) -- Insurance claim - Repudiation - On the ground that Taxy cab had seating capacity of six but at the time of accident it was having 8 passengers and secondly the vehicle which was registered as Transport vehicle was not having fitness..........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Compensation - Bus driven in a rash and negligent manner, without blowing horn, hit the scooter from behind - Death of scooterist on spot - Pillion rider fell down and sustained injuries - Tribunal awarded compensation of Rs.4 lacs - High Court reduced compensation to Rs.75, 000/- by holding that possibility is that..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Proof of - Driver of bus, while overtaking bullock cart, hit the two wheeler coming from the opposite direction - Two wheeler rider was moving on the correct side of the road and was not overtaking any vehicle - No duty cast on him to stop the vehicle - The conduct of the bus driver, instead of..........
Marine -- Insurance claim - Necessary party - Carrier - The appellant did not establish before the State Commission the stage at which the damage actually occurred - There was no record of any joint inspection of the consignment at the time of its loading in the ship at Dubai, unloading from the marine vessel at Kolkata and reloading on the road transport carrier - It was..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 177, 178, 482 -- Dishonour of cheque - Lack of territorial jurisdiction - Cheque in question was drawn on a bank situated at R.N.Mukherjee Road, Kolkata and cheque was dishonoured by said bank - Demand notice was served upon complainant at his address at Kolkata - Held, Court at..........
