Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Motive - Accused is a builder and his business was running into losses and customers were asking for their money - Therefore accused killed an unknown person and put him on fire after pouring kerosene oil in order to fake his death to evade his liabilities - Prosecution established motive..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Liability to pay compensation - From perusal of award, it is evident that Tribunal has bloom hot and cold in same breath - In same para, it is stated that driving licence cannot be said to be fake but it is contrary to a notification - However, in the end of paragraph, it was stated that driver was holding genuine..........
Indian Penal Code, 1860, Section 468, Evidence Act, 1872, Section 3 -- Offence u/s 468 IPC - Appreciation of evidence - There is no ocular evidence to show that accused `H' and `B' had prepared those fake documents - However, there is evidence that documents were handed over to them but that does not mean that they had forged the documents or licences for being given to..........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurance company - Fake driving licence - If owner was aware of fact that licence was fake and still permitted driver to drive vehicle, then insurer would stand absolved - However, the mere fact that driving licence is fake, per se, would not absolve the insurer...........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurance company - Fake driving licence - However, neither Tribunal nor High Court bothered to analyse pleadings and evidence adduced by parties on the issue as to whether owner was aware of fake driving licence possessed by driver - Mere fact that driving licence is fake per se, would not absolve..........
Motor Vehicles Act, 1988, Section 166, 149, 66 -- Fatal accident - Vehicle having no permit - Liability of insurer - Offending vehicle had no route permit at the time of accident - Use of vehicle in a public place without a permit is a fundamental statutory infraction - Said situation cannot be equated with absence of license or a fake license or a license of different..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Mere possession of a counterfeit currency note is not enough to establish guilt, as any individual in usual course of business may come across a fake currency note...........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Currency notes were not of such nature as could be recognised as counterfeit by having a look at them - Prosecution is required to establish circumstances clearly and irresistibly that accused had reason to believe that currency notes in his possession were forged or fake...........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Accused found in possessing of two counterfeit currency notes along with six other genuine currency notes - No inference can be drawn that accused had knowledge or reason to believe that counterfeit currency notes in his possession were fake - Accused deserves benefit of doubt - Conviction and..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Fake encounter - FIR registered against deceased u/s 307 IPC and Ss.25, 27 of Arms Act - Compensation to wife of deceased - Deceased killed by police party by opening indiscriminate firing at him when he was sitting in his car and caused 23 injuries to which he succumbed at the spot - Deceased had not..........
