Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - Meaning - Owner is a person in whose name motor vehicle stands registered with registering authority and transfer of vehicle takes place only when requirements prescribed under Act are complied with and registering authority enter change of ownership in its record - Owner is the registered owner of..........
Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - After the sale of vehicle neither the transferee nor registered owner took any steps to change the owner in records of Registering Authority and the Certificate of registration of offending vehicle - Held, Registered owner, whose name is in the records of the Registering authority as the owner of..........
Indian Penal Code, 1860, Section 304A -- Death in accident - Rash and Negligent Driving - Proof - Eye witness - Driver license of petitioner recovered from spot - No explanation as to how driving license came in police possession immediately after accident - Witness saw petitioner running away from spot after causing accident - Held, Petitioner was driving heavy vehicle,..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 304A -- Appeal from Conviction - Death due to Rash and negligent driving - After accident the vehicle of accused was left at spot - Name of complainant was identified at spot and was mentioned in FIR - Accused had not explained as to how vehicle was found at spot after being involved in accident -..........
Motor Vehicles Act, 1988, Section 147 -- Insurance company - Liability - Vehicle hit from behind in which deceased and injured were riding when it was pitch dark - Complainant lodged FIR against unknown person and unknown vehicle - Injured made a statement in Court that he had noted details of offending vehicle - Evidence shows that injured had fallen unconscious..........
Motor Vehicles Act, 1988, Section 166 - - Compensation - Death in vehicular accident - Proof - At belated stage canter vehicle has been introduced - Brother of deceased accepts that number of vehicle and names of drivers were told by police while he was admitted in hospital and stated that he cannot tell how accident took place as it happened in fraction of seconds - No..........
Motor Vehicles Act, 1988, Section 2(30), 146 -- Hypothecation agreement - Vehicle, which was not insured, met with accident - Liability of financier - Person in possession of vehicle under hypothecation agreement is to be treated as owner - Registered owner of vehicle should not be held liable if the vehicle is not in his possession and control - Financier had no..........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal vehicle seized in a dacoity case - It is of no use to keep such seized vehicle at police station for a long period - Since criminal case is already disposed of there is no reason to continue vehicle under detention - Directions issued to hand over custody to law registered owner...........
Indian Penal Code, 1860, Section 302, 364, 394, 201, 34 -- Murder - Recovery of dead body - Once there was a disclosure to police regarding presence of dead body in a well by a journalist, nothing remained for accused to disclose - Post recovery disclosure is meaningless - There can be no discovery of fact which was already known to police - Nothing hinges upon disclosure..........
Uttar Pradesh Industrial Disputes Act, 1947, Section 4K -- Reference - Order of termination of services as driver - Challenge as to - Termination on basis of allegations of negligent driving of vehicle causing accident - However, as per documentary evidence produced by appellant/driver, he sustained serious injuries due to mechanical defect of vehicle - Therefore, order of..........
