Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 31 years at the time of accident, multiplier of 16, 40% future prospects, conventional heads namely loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively, loss of dependency and other heads under which..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Alleged evidence sought to be produced by plaintiffs was well within knowledge of plaintiffs from the beginning - Plaintiffs were not vigilant of their rights in this regard - Even for the sake of arguments, submission of plaintiff to the effect that previous counsel had failed to lead necessary evidence, is..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is ample evidence for recording more than a prima facie satisfaction regarding involvement of applicant in commission of offence - Nothing more is required to be done by trial Court while deciding an application for summoning an accused person u/s 319 Cr.P.C - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statutory requisites for summoning any person not being accused viz.: (a) such person has committed an offence; (b) his complicity is revealed from evidence collected during inquiry or trial; and (c) for such offence, he can be tried together with accused already facing trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court should not conduct a mini-trial at the stage of considering an application u/s 319 Cr.P.C., as expression used is `such person could be tried' and not `should be tried'...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Specific role assigned to respondent No.2 by eye witnesses indicating that he was present at the scene of occurrence armed with a stick - First informant categorically mentioned him as one who came along with others with a common intent, abusing and beating, causing death of his brother, apart..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question are all post suit documents and are all Xerox copies - Reasons accorded for production of additional evidence do not meet the requirements of O.41.R.27 CPC - Application rejected...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
