Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Permanent functional disability - Determination of - Appellant sustained grievous and life-altering injuries on head and left leg resulting in a brain haemorrhage and amputation of left lower limb - Upon examination of disability certificate and other medical documents, as also considering nature, extent and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Direction issued that: When a Tribunal or High Court in appeal, is concerned with case involving a child having suffered injury or having passed away, calculation of loss of income necessarily has to be made on matric of minimum wages payable to a skilled worker in respective State..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Word `essential' deliberately finds place in the provision as Court is duty bound to satisfy essentiality with reasons...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 and PW3 for cross-examination - Accused instructed his counsel not to argue in the case - Trial Court under such circumstances asked pairokar to call another counsel but once next counsel did not appear before Court, opportunity of cross-examination was closed - Since applicant was under custody and was brought..........
Agreement to sell -- Specific performance - Parties have agreed to fix three years time to complete performance of contract - If the intention of parties is to complete transaction within three years period, Court cannot substitute its own view regarding fixation of such a long period unless there is evidence to show that intention of parties was not to convey property..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 31 years of age at the time of accident - Multiplier of 16 is correctly applied by High Court as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was self-employed in foreign country - When no material evidence is offered to determine future prospects in foreign country, Court is inclined to extend benefit of future prospects component for compensation payable as per principles in Pranay Sethi case...........
Bharatiya Nyaya Sanhita, 2023, Section 126(2), 115(2), 118(1), 351(2), Arms Act, 1959, Section 25(1B)(a), 26, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss.126(2), 115(2), 118(1), 351(2) BNS and 25(1B)(a), 26 Arms Act - Anticipatory bail - Non issuance of notice u/s 35 BNS - Session Court instead of allowing or rejecting bail petition, gave liberty..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Court seized with anticipatory bail petitions cannot ask petitioners to go to police for relief provided u/ss 41, 41-A Cr.P.C./ S.35 BNSS...........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
