Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Stamp Act, 1899, Article 18, Registration Act, 1908, Section 89(4) -- Registration and stamp duty - Auction sale - Sale certificate - Registration Authorities cannot insist on payment of Stamp Duty and registration fee basing on value of property as indicated in Market Value Register - Sub-Registrar has no other option, but to register sale certificates by fixing stamp..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand and acceptance - Star witness/complainant stated that accused used to trouble her, humiliate her and not grant her leaves, but she nowhere stated that there was any demand of money as bribe which is the most essential ingredients for conviction for an offence u/ss 7, 13(2) of the Act -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 30 years old at the time of accident - Multiplier of 17 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was working in an unspecified job like a coolie - Accident occurred in the year 2010, 6 years from 2004 in which year Supreme Court had fixed 4,500 as income per month for a coolie, hence, it is presumed that a coolie in the year 2010 would have earned an income of 7500...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Self-employed person must be deemed to have had the future prospects at the rate of 40%, as held in Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased 30 years at the time of accident, multiplier of 17, income of deceased 7500, deduction of 1/4th for personal expenses, addition of 40% for future prospects and various other heads under which claimants entitled to compensation, total compensation of Rs.18,36,500,..........
Employee's Compensation Act, 1923, Section 4 -- Accident - Determination of Functional disability - Appellant's working hand has been seriously mutilated by loss of one or more phalanges of four fingers - Middle and index finger having been disabled completely and ring finger and little finger having lost two phalanges and one phalanx respectively - Functionally it is..........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
