Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Compensation - In the absence of evidence on record High court was not justified in holding that there is a contributory negligence on part of deceased contrary to evidence of eye witness - High court committed erred in not correctly awarding compensation - Impugned judgment and order of High court set aside..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of punishment - Cheque of Rs 6.19 lakhs dishonoured - High Court directed accused either to pay compensation of Rs.2 lakhs to complainant or to undergo imprisonment for two months - Courts not to award flea-bite sentence - Order of High court modified - Accused sentenced to undergo S.I of 6..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation cannot be treated at par with Lok Adalat as mediator has no power to pass any award as provided under Legal Services act...........
Consumer Protection Act, 1986, Section 19(1), 17(1)(a) - - Appeal against order of State Commission - National Commission admitted appeal and granted interim stay subject to payment of 50% of award given by State Commission - Validity - Held, a pre-deposit condition to deposit 50% of amount in terms of order of State Commission or Rs.35,000/-, whichever is less, being..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Accused killed his wife and two daughters in most cruel and inhuman manner by locking them in Maruti Van and setting same on fire - Accused was police constable and had affairs with two women - Held, it is not a rarest of rare case to award death sentence as there was no reason to believe that..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 326 -- Award of compensation to victim - Court cannot reduce imprisonment if accused is willing to pay higher compensation to victim - S.357 Cr.P.C. operate independently of the specific penal provisions of the Code under which Court is required to sentence an offender...........
Motor Vehicles Act, 1988, Section 163A -- Compensation - Award of compensation under the head of loss of love and affection is not permissible in claims filed under S.163-A of Act - Claims filed under S.163-A of Act are required to be assessed as per second schedule of Act - Amount awarded by Tribunal under said head is deducted from the award...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitral dispute - Reference to arbitration - Held, pendency of criminal case does not debar Court in exercising power u/s 11(6) of the Act - Respondent given liberty, in case award is made in favour of petitioners, to resist its execution depending upon outcome of criminal case - Arbitration proceedings permitted to..........
Arbitration and Conciliation Act, 1996 - - Part I, English Arbitration Act, S.3 - Juridical seat - Applicability of law - Parties have consensually provided that arbitration agreement will be governed by English law - Arbitration agreement has to be governed by laws of England - Juridical seat of arbitration is in London - Held, it cannot be said that Part I of Act of 1996..........
Civil Procedure Code, 1908, Section 34 -- Interest - Money suit - Interest agreed to be paid @ 2% per month - Suit decreed with interest payable @ 2% p.m. - Held, award of interest @ 2% p.m. is exorbitant interest - Interested reduced to 9% p.a...........
