Tort -- Speed barrier across the road without giving proper and visible signals or other precautions to enable the riders or drivers to note down the impending danger from a sufficient distance - Acted as a trap on the road and death of a motor bike rider aged 31 years - State cannot take shelter under the rule of sovereign immunity - Plaintiffs are entitled to be..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - The peculiar feature of the provision is that the claimants are not required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner or owners of the vehicle concerned -..........
Tort -- Fire tragedy - 55% of the total compensation awarded payable by School and its agent Rajiv Marriage Palace, jointly and severally - Extent of apportionment - Not possible for Supreme Court to apportion the liability of compensation - School can approach civil court for apportioning the liability of compensation by initiating appropriate proceedings...........
Tort -..........
Constitution of India, 1950, Article 21, 32, 226 -- Scope - Humiliation in police custody - Such treatment is basically inhuman and causes mental trauma - Exemplary damages in proceedings under Articles 32 or 226 - Held, the compensation is in the nature of `exemplary damages' awarded against the wrongdoer for the breach of its public law duty and is independent of the..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Deceased, borrower of vehicle - Borrower steps into the shoes of he owner - Once borrower would be treated as owner of vehicle, claim petition u/s 163-A of the Act would not be maintainable - Person cannot be both, claimant as also tort-feasor liable to pay compensation...........
Medical Termination of Pregnancy Act, 1971, Section 3, 8, Medical Termination of Pregnancy Rules, 2003, Tort, Civil Procedure Code, 1908, Order 7, Rule 11 -- Termination of pregnancy by wife - Consent, express or implied, of husband not required - It is a personal right of a woman to give birth to a child - It is not the right of a husband to compel her wife to give birth..........
Medical Termination of Pregnancy Act, 1971, Section 3, 8, Medical Termination of Pregnancy Rules, 2003, Tort, Civil Procedure Code, 1908, Order 7, Rule 11 -- Damages - Wife if does not want to continue with the pregnancy can get the foetus aborted - Consent of husband is not required - Husband cannot claim damages from medical practitioner on the ground that pregnancy was..........
Medical Termination of Pregnancy Act, 1971, Section 3, 8, Medical Termination of Pregnancy Rules, 2003, Tort, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - U.O.7.R.11 CPC suit can be dismissed without trial, if to the satisfaction of Court no cause of action accrued to the plaintiff against the defendants or any of the defendants or some of the..........
Motor Vehicles Act, 1988, Section 163A -- Being an employee of respondent No.2 company, respondent No.1 was availing facility of motorcycle which was owned by respondent No.2 company - No terms of grant of this facility have come on record - Held, in absence of same, claimant would step into shoes of owner with regard to insurance company - As u/s 163-A of the Act,..........
