Motor Vehicles Act, 1988, Section 166 -- Accident - Injuries suffered in accident were not very serious - Non-healing ulcer could have been for various causes, especially when victim was known to be a diabetic, which necessitated skin grafting procedure - Procedure also was carried out successfully but in the aftermath of surgery, patient succumbed to death - Merely by..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Constitution of India, 1950, Article 136 -- Special leave petition - Exercise of jurisdiction u/art 136 of Constitution being discretionary in nature, any suppression by a party approaching Court for seeking relief u/art 136 of Constitution is a grave and serious reason for declining to exercise jurisdiction in the matter - Special leave petition dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife made specific averments that she was compelled to leave matrimonial home because of ill treatment - Her testimony on said aspect has not been challenged since she was not cross-examined by husband - Moreover, husband did not adduce any evidence to support his assertions - Husband has failed to produce..........
Service -- Dismissal - Respondent had served only for a brief period of less than 7 years as a Constable and therefore, it cannot be said that he served for a long period in department - Reference to fact of forfeiture of 17 years of service of respondent as a result of his absence from service on previous occasions was in exclusion or independent of misconduct for which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Accused was found in possession of 345 grams of Charas - Trial Court sentenced accused to undergo R.I. for 5 years with fine of Rs.25,000 - However, Notification issued by Central Government shows that 100 grms of charas is a small quantity whereas 1 kg of charas is commercial..........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Land dispute between parties - Eye-witnesses failed to prove any specific overt act and presence of appellants at the place of occurrence with any common object along with other co-accused who were assaulting informant party - General and omnibus findings of trial Court that all the accused persons were held..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Loss of enjoyment of life and amenities - Tribunal granted an amount of Rs.3 lacs towards loss of enjoyment of life and amenities - High Court set aside said amount without assigning any reason whatsoever - In the light of permanent disability suffered by claimant, award of an amount of Rs.3..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Head of pain and suffering to family members - Tribunal had awarded an amount of Rs.3 lacs towards pain and suffering to family members of claimant - High Court set aside grant of compensation under said head without assigning any reason - When Tribunal had awarded compensation under head of..........
