Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter - Plaintiff not in possession but he did not claim recovery of possession - Relief must have been sought for declaration of title when contention of defendant was that he came into possession of property as a co-owner and then occupies it with absolute rights, making valuable improvements - Suit for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Accident occurred in the year 2014 - Claimant was a loading unloading worker - He would earn between Rs.600 to 1000 per day as per PW6 - Total monthly wages claimed is only for 15 days work, i.e. Rs.15,000 - Income adopted at Rs.11,000 by Tribunal is thus, perfectly in..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Service -- Selection process - Appellant stood at serial No. 1 in merit list - Governing Body resolved the appellant's case for approval and appointment by condoning the overage for applying to an aided post in an aided institution - In the absence of advertisement or spelling out of applicable Rules, setting aside approval and appointment of appellant is illegal - Since,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Cryptic order referring complaint to DC without a bare minimum discussion of allegations contained in complaint would not satisfy requirements of a valid reference order - In the absence of such prima facie satisfaction, statutory requirement u/s 35 of the Act remains non-complied, and order of..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
