Motor Vehicles Act, 1988, Section 166, 163, 149, 158(6) -- Central Motor Vehicles Rules, 1989, R.150 - Accident - Claim petition - Expediting and streamlining the adjudication of motor vehicles claims and disbursement of compensation - Supreme Court giving suggestions/directions to various authorities viz. Police, Claims Tribunals, Insurance Companies and Legislature and..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Execution of award - Arbitrator held debtor liable for loan amount - High Court, in execution of award, ordered attachment of several properties of debtor - On objection by third party claiming himself to be the owner of the property - High Court restrained creditor from taking any steps to..........
Precedent -- Decisions of Supreme Court - Held, applies prospectively where Supreme Court expressly directs so in its judgment...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A -- Death in rash and negligent driving - Conviction - Accused sentenced to 6 months RI - Accused faced protracted trial of 20 years - Release on probation - Supreme Court followed wherein held that Court should not as normal rule, invoke the provisions of Probation of Offenders Act when the..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Power of appellate Court - Principles governing - (1) The appellate court may review the evidence in appeals against acquittal under sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can re-appreciate the entire evidence on..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(o) -- Deficiency of service - Bank - Loss of cheque book in which there was only one leaf unutilised - Withdrawal of amount from the account by using two leafs i.e. one leaf which was unutilised and also another leaf used from a new cheque book which was got issued by using requisition slip - Over drafting was also..........
Prevention of Cruelty to Animals Act, 1960, Section 11 -- Cruelty to animals - Fine prescribed under the Act has outlived its purpose to cause effective deterence - Penalty to be imposed requires enhancement - Writ petition disposed of with certain directions. I) The State Animal Advisory Board constituted under the directions of the Hon'ble Supreme Court, Animal Welfare..........
Constitution of India, 1950, Section 109, Article 133(1)(a), Order 45, Rule 2, 3 - - Civil proceeding - Appeal to Supreme Court - Certificate by High Court - Grant of - Held, a certificate can be granted only if court is satisfied that case involves a substantial question of law of general importance and that question needs to be decided by Supreme Court - Existence of..........
Constitution of India, 1950, Article 226, Guardians and Wards Act, 1890, Section 7, 39 -- Minor child - Custody of - Habeas corpus - Custody of minor child by High Court to maternal grand parents subject to outcome of proceedings under Guardian and Wards Act - On appeal Supreme Court stayed order of High Court and, therefore, child remained in custody of paternal grand..........
Constitution of India, 1950, Article 136 -- Appeal - Concurrent finding of acquittal - Interference therewith - Held, it is well settled that while hearing an appeal u/Art. 136 of the Constitution, Supreme Court will normally not enter into reappraisal or review of evidence unless trial court or High Court is shown to have committed an error of law or procedure and..........
