Motor Vehicles Act, 1988, Section 147(1) -- Accident - Contractual liability - An agreement to lease on hire cannot be said to be contract envisaged for exclusion under contractual liability in S.147(1) Second Proviso...........
Motor Vehicles Act, 1988, Section 166, 157 -- Accident - Compensation - Liability of insurer - Even if no intimation as to hiring arrangement is given to insurance company, insurer cannot escape liability to indemnify as in case of hiring vehicle intimation is not required to be given...........
Motor Vehicles Act, 1988, Section 157, 166 -- Transfer of vehicle - Lease agreement - Liability of insurer - Vehicle in question has been given on hire and there is no complete transfer of vehicle - There is no prohibition and no condition/policy of insurance as shown to prohibit plying vehicle on hire - In absence of any legal prohibition and any violation of terms and..........
Motor Vehicles Act, 1988, Section 157, 166 -- Transfer of ownership of vehicle by sale - Insurer cannot escape the liability as there is deemed transfer of certificate of insurance...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Amount of Rs.5,81,000 along with 6% interest awarded by Claims Tribunal upheld as no appeal for its enhancement was filed - It would be open to claimants to recover the entire amount from owner, driver and insurer of car or driver of tempo as their liability is joint and several with respect to..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - O.37 CPC is craved out as an exception to general rule of following principles of natural justice, as the subject matter of said provision deals with written instruments which on their fact ex facie show existence of liability of defendants and such instruments being dishonoured cheques, a written contract of..........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous conscious mind of persons participating in criminal action to bring about a particular result - Minds regarding sharing of common intention gets satisfied when an overt act is established qua each of accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC brings within the ambit of penal liability even those persons who have not actually committed crime but there existed a common intention animating the accused leading to doing of a criminal act in furtherance of such intention...........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous conscious mind of persons participating in criminal action to bring about a particular result - Minds regarding sharing of common intention gets satisfied when an overt act is established qua each of accused...........
