Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Accident occurred on 12.08.2008 - Mere fact that income Tax Return for the Assessment Year 2008-2009 had not been filed cannot disadvantage the appellants, for the reason that period for which Return is to be submitted covers period starting 1.4.2007 and ending 31.3.2008 - No income..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a businessman - Relevance of Income Tax Return for the period which it relates to Financial Year concerned and not on the date on which it is filed with the Income Tax Department - When faced with Returns for different Assessment Years, it would be upto the Tribunal..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Percentage of disability - Injured was an agriculturist - However, on account of disability his functioning would have been certainly affected and reduced in doing work relating to agriculture - In the case where disability of both lower and upper limb, High Court without any reason or ground reduced the percentage of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
Employee's Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Default in payment - Penalty on employer - Commissioner had come to a specific finding of fact that employer had not paid any amount to claimants at the time of injury nor had paid anything when claim was filed by appellants - High Court was not justified in interfering with penalty amount directed by..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question were not in existence at the time of filing of petition - Cross-examination not yet commenced - Court finds no reason for debarring plaintiff from filing additional documents in support of his claim - Application allowed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not have a licence as required under the Act and the Rules to drive a vehicle carrying dangerous and hazardous goods - Eye witness clearly deposed that accident was caused by reason of rash and negligent driving of vehicle which the driver was not entitled to drive for reason..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - No evidence on record to show that husband was available on the night when death occurred - Husband had a plausible explanation that he was on duty when death of his wife occurred - It was husband who first intimated police about sudden and unnatural death of his wife - Relatives of deceased having come to..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Allegation against mother-in-law - None of witnesses stated about cruelty or harassment to deceased by appellant or any of her family members on account of demand of dowry soon before death or otherwise - Rather harassment has not been narrated by anyone - It is only certain oral averments regarding..........
