Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of 22 years boy who was a brilliant student and had graduated in Business Administration from U.K. and while a student he was doing part time job earning an amount of 1, 008 pounds (Rs.80, 000/- p.m.) - At the time of accident in India he was not working - Compensation paid by assessing his monthly..........
Fair Trial -- An accused is always entitled to a fair trial as also a speedy trial - But his rights are not absolute and he cannot interfere with the governmental priority to proceed with the trial - At the same time it is necessary to maintain judicial dignity and decorum...........
Criminal Trial -- Reasonable doubt - A reasonable doubt is not an imaginary, trivial or a merely possible doubt, but a fair doubt based upon reason and common sense - It must grow out of the evidence in the case - Forensic probability must rest on a robust common sense and, ultimately, on the trained intuitions of the Judge...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Lower Appellate Court while allowing application held that the documents sought to be produced are required by the Court to deal with the controversy in an effective and judicious manner and these documents will certainly help the court in adjudicating the controversy in just and fair..........
Constitution of India, 1950, Article 16 -- Appointment - Guest faculty - Contractual employee - Policy dated 2.3.2009 of the Haryana Government - Held that the policy would be perfectly just and fair in case a direction is issued that all inductions be made after giving public notice and without the restrictive field choice - If the respondents wish to induct any person on..........
Criminal trial -- Reasonable doubt - It must be free from an overemotional response - Doubts must be actual and substantial doubts as to the guilt of the accused persons arising from the evidence, or from the lack of it, as opposed to mere vague apprehensions - A reasonable doubt is not an imaginary, trivial or a merely possible doubt, but a fair doubt based upon reason..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19 -- Debt Recovery Tribunal passed ex parte decree in favour of respondent bank for an amount to be recovered from appellants and order attained finality - Pursuant to decree, recovery certificate issued against appellants u/s 19 of the Act - Appellants having failed to make payment of decretal..........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Bail - Cancellation - A persona accused of a bailable offence is entitled to be released on bail pending his trial but he forfeits his right to be released on bail if his conduct subsequent to his release is found to be prejudicial to a fair trial - Forfeiture can be made effective by invoking the inherent..........
Doubt -- Doubt is reasonable if it is free from a zest for abstract speculation - To constitute reasonable doubt, it must be free from an over emotional response - Doubts must be actual and substantial doubts as to the guilt of the accused person arising from the evidence, or from the lack of it, as opposed to mere vague apprehensions - A reasonable doubt is not an..........
Salary -- Insurance claim - Repudiation - On ground that policy lapsed for non deposit of premium for months of May, 1999 and July, 1999 and than from November, 1999 i.e. date of his compulsory retirement to December, 2000, till the death of the assured - Premium for the months of August, 1999 to October 1999 were received by the Insurance Company - It cannot turn about to..........
