Motor Vehicles Act, 1988, Section 167 -- Fatal motor accident caused by rash and negligent driving of tractor driver - Tractor sold by registered owner - Registration not changed in favour of vendee - Held, registered owner liable to pay compensation to third party and not the vendee - Registered owner has civil remedy to recover the amount from vendee...........
Indian Penal Code, 1860, Section 176, Railways Protection Force Act, 1957, Section 17, Criminal Procedure Code, 1973, Section 167 -- Non completion of investigation within 60 days from date of arrest of accused - Magistrate issuing show cause notice and not satisfied with the reply initiating proceedings u/s 176 IPC and S.17 RPF - Offence not covered u/s 176 IPC - Fact..........
Punjab Panchayati Raj Act, 1994, Section 13, 13A, 104, 167 -- Eligibility of Scheduled Caste Women - Women elected to the office of Panch against the reserved category of SC (Women) - She is eligible to contest election of Sarpanch against seat reserved for `women' - Act or rules do not exclude her from being elected to the reserved seat of Sarpanch for women...........
Punjab Panchayati Raj Act, 1994, Section 13, 13A, 104, 167 -- Declaration of election of all the members of Gram Panchayat - Held, if no candidate could be elected against one of the seats of Gram Panchayat, the election of all other elected panches cannot be kept pending for notification until all the seats are filled up - Election of all the members should mean only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Offence under NDPS Act - Accused is entitled to bail on expiry of 180 days if the complete challan is not presented, and no application for extension is made and order is passed by learned court after hearing the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Charas - Recovery of 11-1/2 kg. - Challan not presented within 180 days - No application for extension filed - Accused is entitled to bail u/s 167(2) Cr.P.C. - In the instant case bail not granted as recovery was heavy and charge-sheet filed on 196th..........
Criminal Procedure Code, 1973, Section 167(2), Maharshtra Control of Organised Crime Act, 1999, Section 21(2) -- Period of detention - Power of Magistrate & Special judge - Held, in respect of an offence under the MCOC Act, a Judicial Magistrate is empowered to allow detention of person accused in police custody upto 30 days and in judicial custody (inclusive of the period..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Maximum sentence that can be imposed is relevant factor - Accused alleged to have committed offence u/s 467 and 409 IPC and punishable with imprisonment for life or imprisonment for 10 years and fine - Held, in such cases, period of filing of charge-sheet is ninety days and not sixty days -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167 -- Sanction for prosecution - Prosecution of public servant under Ss.166, 167 IPC - Held, that S.197 of the Code unlike the provision of the Prevention of Corruption Act postulate obtaining of an order of sanction even in a case where public servant has ceased to hold office...........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Grant of bail u/s 167(2) Cr.P.C. - Bail granted can be cancelled for non observation of conditions of bail and proper conduct on his part...........
