Ranbir Penal Code, 1989, Section 300 -- Murder - Prosecution allegations that appellants helped accused persons who entered shop and attacked deceased in the shop and outside thereto, causing injuries on neck and chest - Time taken by deceased in coming out on road from shop too short - Held, not proper to impute any criminal intention to appellants in helping accused..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving to overtake other vehicle - Accused took his vehicle completely on the wrong side of the road and dashed against the scooter coming from the opposite direction - Evidence of eye witnesses supported the fact that accused was rash and negligent in driving the vehicle - Conviction of accused u/s 304-A IPC..........
Land Acquisition Act, 1894, Section 23, 18, 6, 4 -- Land acquisition - Compensation - Valuation of land whether should be at the same rate or whether different areas in the acquired lands to be valued at different rates - Depends upon the extent of the land acquired, the location, proximity to an access road/Main Road/Highway or to a City/Town/Village, and other relevant..........
Indian Penal Code, 1860, Section 393, 397 -- Attempt to commit robbery - Proof - All the witnesses who were present chased and caught hold of accused - They identified accused - They stated that accused was caught red handed while he was committing road robbery and seeing the police, he attempted to run away along with his co-accused - Accused arrested on the spot - Held,..........
Goa Children's Act, 2003, Section 2(5), 8(2), 30 -- Child abuse - Religious procession - Maruti van carrying number of children driven by accused - Fire crackers stored in van catching fire as co-accused sitting in van was lighting fire crackers and throwing them on road, resulting in death of children sitting in van - Incident purely accidental - Held, provisions of Act..........
Motor Vehicles Act, 1988, Section 166, 168, 173 -- Accident - Compensation - Death of a lady in road accident - Husband claimed that his deceased wife was earning Rs.10, 000/- per month from tailoring work - No evidence adduced to substantiate this plea - Tribunal assessed income of deceased at Rs.3, 000/- per month - Assessment held proper in the absence of proof of..........
Motor Vehicles Act, 1988, Section 166, 163, 149, 158(6) -- Central Motor Vehicles Rules, 1989, R.150 - Accident - Claim petition - Expediting and streamlining the adjudication of motor vehicles claims and disbursement of compensation - Supreme Court giving suggestions/directions to various authorities viz. Police, Claims Tribunals, Insurance Companies and Legislature and..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife performing Puja Archna in a temple for general public - Husband insisted on appropriating the offerings of the temple - Husband also burnt wooden bridge connecting road to temple where wife used to perform puja/rituals - Husband responsible for having electricity and..........
Motor Vehicles Act, 1988, Section 163A -- Motor accident - Amendment of claim petition - Claimant a barber suffered injuries in road accident - Due to inadvertence his monthly income pleaded as Rs.15, 000/- per month whereas in fact his income was only Rs.3, 000/- per month - Claimant seeking amendment in the petition to rectify the mistake - Order of Tribunal allowing..........
Indian Penal Code, 1860, Section 304A -- Negligent driving - Circumstantial evidence - Accused driver of bus gave dash to police officer in uniform who was trying to stop the vehicle - Police officer died - No turn or bend on road at the place of incident to prevent driver from noticing a police officer - There were speed breakers near the spot - Accused negligent -..........
