Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident occurred when deceased was crossing the road at a point other than zebra crossing and no traffic signal is shown near the spot of accident, in the site plan - Two eye witnesses of the incident have not given any description about the manner in which offending vehicle was being driven so as..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Place from where accused are said to have fired is not shown in the site plan by I.O - There is no mention in the recovery memo as to which accused had fired the bullet - No bullets have been recovered from the alleged place of incident - Prosecution has not filed the report of FSL - Even, prosecution has..........
Stamp Act, 1899, Section 47A(3) -- Stamp duty - Determination of nature of land - Residential or agricultural - Spot inspection by authorities is the key factor in determining the true nature of land or property - Khasra record should not be blindly accepted as accurate on the basis of its description in the official record without validation from on-site inspection - Land..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Appellants while raising construction of residential property, did not maintain open spaces as prescribed under Municipal Building Rules - However, in enquiry report as presented by municipal authorities, construction made by appellants has not been found to be in violation of building plan - Appellants have a..........
Insolvency and Bankruptcy Code, 2016, Section 31 -- Resolution plan - Cannot be withdrawn and modified by resolution applicant after the same is approved by Committee of Creditors...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between truck and motorcycle - Death of motorcyclist - Place of incident is shown to be about 20 feet wide - Photograph shows truck towards its extreme left hand side - Accident had taken place towards left side of road shows that truck driver was not driving the truck towards wrong side -..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - Collusion between bus and truck - No material on record to pinpoint the exact place, where accident had taken place - Some part of bus appeared to be lying on the road in photographs - But, site plan does not show location of these parts and distance..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
