Motor Vehicles Act, 1988, Section 149, 166 -- Route permit - Nothing on record suggestive that insurance company filed an application before Tribunal calling respondent to produce fitness certificate and route permit much less examining him as witness to know about status of documents - Assuming that there was no route permit of vehicle or there was deviation from route..........
Motor Vehicles Act, 1988, Section 149, 166 -- Insurance Company altogether failed to discharge onus that offending vehicle was being plied without fitness certificate - Insurance company cannot press for right of recovery against insured...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused..........
Indian Penal Code, 1860, Section 147, 148, 149, 447 -- Unlawful assembly - Two persons facing charge - Minimum five persons are required for forming unlawful assembly - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Incident took place between two political groups during Ganpati festival - PW1 injured eye witness not disclosed incident and death of his uncle immediately to police, which casts reasonable doubt on veracity of his evidence - Considerable delay in reporting matter to police and registering FIR - No other eye witness to..........
Motor Vehicles Act, 1988, Section 149, 166 -- Fake Licence - Insurance Company failed at threshold and could not discharge initial onus of proving that driving licence was fake - Initial grievance of appellant that no opportunity was granted by Tribunal to produce evidence regarding fake licence no longer exists - Rather for remittance from High Court and after production..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 382, 325, 323, 452, 427, 148, 149 -- Bail - Another FIR for offence punishable under Ss.459, 325, 341, 323, 506, 34 IPC has been registered at against petitioner for incident that took place after he was allowed interim bail in case and injuries suffered by complainant and that office of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Jat Agitation - CBI even after more than one year of arrest of petitioners and registration of case is still on investigation track - CBI is..........
Indian Penal Code, 1860, Section 302, 326, 143, 147, 148, 149 -- Murder - Eye witnesses to incident stated that injuries sustained by sharp cutting object which is further corroborated by PW10 - Testimony of eye witnesses fully corroborated with each other with regard to involvement of accused - Medical evidence supported ocular evidence of eye witnesses - Presence of eye..........
