Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Owner or authorised insurer is liable to pay compensation to the legal heirs of the victim in case of death or permanent disablement as indicated in Second Schedule - When a claim petition is u/s 163-A of the Act, claimant is not required to plead or establish that the death or permanent disablement was..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition can be either u/s 163-A or S.166 of the Act - If a petition is u/s 166 of the Act then claimant has to prove the negligence of the driver or owner of the vehicle - In case claim petition is u/s 163-A of the Act the compensation will be awarded in terms of Schedule without calling upon..........
Civil Procedure Code, 1908, Section 11, 115 -- Res judicata - Estoppel - Applicability - Earlier suit dismissed for default - Held, subsequent suit cannot be held to be barred by res judicata, estoppel or acquiescence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 Kg. - Protracted trial of about 7 years - Accused first offender - No other offence committed after registration of the present case or earlier thereto - Sentence reduced from 3 years to one year RI and sentence of fine reduced from Rs.30, 000/- to Rs.15, 000/- but default..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal in default - Restoration of - According to appellants they could not appear on date fixed in the matter because they were not informed by their counsel about date of hearing - Appellant No.1 was pregnant and hospitalized, while appellant No.2 was taking her care and therefore she also could not appear -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Non payment of maintenance pendente lite - Court can stay the matrimonial suit if the defaulting party is the petitioner and even dismiss the proceedings if the default is intentional and at the same time, strike out the defence of such party if such party is defendant...........
Criminal Procedure Code, 1973, Section 482, 362, Indian Penal Code, 1860, Section 68 -- Whether period for payment of amount of fine, ordered in judgment in an appeal, can be extended by High Court in view of S.482 Cr.P.C? - Held, period to deposit amount of fine cannot be extended by this court and petitioners can avail remedy of provisions of S.68 of IPC - Therefore, it..........
Criminal Procedure Code, 1973, Section 167(2), 173(2) -- Default bail - Grant of - Held, once charge is filed within 90 days, but was returned for compliance of certain technical objections of not filing scientific expert's opinion, is a proper compliance u/s 173 (2) Cr.P.C. and same will not confer any right on accused to seek bail, as a matter of right - Even in a case..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Agreement to sell with tenant - Tenancy of first floor only - On execution of agreement to sell rent was reduced to Rs.75/- and in case of default it was to be Rs.150/- - Sale deed not executed - Rent of Rs.150/- was not for the first floor alone but was for the entire building - Dismissal of eviction..........
