Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 24 -- Abandonment of senior citizen - Allegation that taxi was arranged to transport father to his daughter's house - This indicates that there was no abandonment as contemplated by law - Moreover, complaint was filed by daughter of senior citizen that too after three months - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - A-3 and A-4 were not arrested at the spot - Offence u/s 20(b)(ii)(c) of the Act deals with production, manufacture, possession, sale, purchase, transport, import or export of cannabis - It is not the case of prosecution that A-3 and A-4 were found in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was working as a mechanic and had three dependents to be cared for - Since he was skilled person, daily income at Rs.200 per day in any event could have been taken even if income from jeep transport business was discarded for want of documents - More so, MACT referred..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix on her own accord and free will went away with accused in absence of her parents - She traveled with accused through public transport and remained with accused for a period of 40 days without raising any alarm which shows that she was a consenting party - Conviction and sentence set aside -..........
Service -- Retrenchment or closure of business - Act of terminating services of all drives at the same time coupled with statement of appellant that entire business is closed down is sufficient to convey the workers that transport business had come to standstill and there was no scope of continuing business any further - Even, this Court concur with findings of fact about..........
Indian Penal Code, 1860, Section 304(Part I), 149, Evidence Act, 1872, Section 32 -- Offence u/ss 304(Part I), 149 IPC - Dying declaration - Dying declaration of deceased was recorded on next day of occurrence - Since deceased was having stab injury by a knife, there was possibility of danger to his life and therefore by way of prudence, if dying declaration was recorded..........
Bihar and Orissa Excise Act, 1915, Section 27(1).2(6) -- Excisable article - Power to impose excise duty on import, transport and manufacture - Wastage generated during rectification process was an impure spirit/weak spirit, which was not fit for human consumption - State has no power to levy excise duty on wastage of liquor after distillation as per S.27 of the Act and..........
Uttar Pradesh Motor Vehicles Taxation Act, 1997, Section 4, 12 -- Payment of tax - Financier of a motor vehicle/transport vehicle in respect of which a hire purchase or lease or hypothecation agreement has been entered, is liable to payment of tax from the date of taking possession of said vehicle under said agreement - However, if after payment of tax, vehicle is not used..........
Motor Vehicles Act, 1988, Section 83, Kerala Motor Vehicles Rules, 1989, Rule 174(2)(c) -- Transport permit - Replacement of vehicle - Validity of R.174(2)(c) of Rules - Said Rule enable replacement of the vehicle under a transport permit - Scrutiny u/R.174 of Rules is only to enable the Authority to ensure that subsisting permit is not interrupted - Therefore, it does not..........
