Evidence Act, 1872, Section 114 -- Public document - Presumption as to correctness - Rebuttable - Defendants have not disputed the grant in favour of "M" - However, it was their specific stand that said grant in favour "M" was cancelled subsequently - To substantiate the same, defendants produced Ex.D1, which is the certified extract, from dharkasth register issued by..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was..........
Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133 -- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders -..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 4 -- Insurance policy - Plea of fraud or misrepresentation by insurer - Proof of - Held, wherever insurance company takes a specific plea in counter/written statement that insurance policy was obtained or procured by playing fraud or misrepresentation an issue deserves to be framed on that and..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud or misrepresentation - When allowed to be raised - Held, unless opposite party is made aware of allegations of fraud against him he would not be in a position to contradict same - Unless a plea of fraud or misrepresentation is specifically taken it cannot be permitted to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Application has been given by the father of deceased to SP on 15.10.2010 alleging therein that deceased has been killed by applicant and co-accused "M" - Applicant has been allegedly medically examined on 13.10.2010 at 7.45 P.M. - He was brought by "M" but duration of injury..........
Motor Vehicles Act, 1988, Section 163A, 144, 140 -- Provision of S.163-A of the Act has an overriding effect over all the other provisions of the Motor Vehicles Act, 1988...........
Motor Vehicles Act, 1988, Section 163A -- Provision of S.163-A of the act is founded on 'fault' liability principle...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - Claimant have neither to plead nor to establish negligence - Negligence (as also, 'wrongful act' and 'default') can be established by the owner or the insurance company to defeat a claim u/s 163-A of the Act...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Driver of Motor Cycle gave way to bus coming from opposite side - Had he not done so there may have been head on collusion - While giving way motor cycle hit a large laterite stone lying on road whereupon motorcycle turned and rider and pillion rider suffered injuries - Cannot be concluded that rider of motorcycle was..........
