Service -- Dismissal - Misconduct - Respondent was driving the vehicle in such a great speed and rashly due to which accident occurred in which four persons died - Misconduct in disciplinary proceedings established and proved - Punishment of dismissal challenged solely on the ground that same is shockingly disproportionate - However, punishment cannot be said to be..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Father of deceased and eye witness proved that accused was driving tractor-trolley in a rash and negligent manner and on the account of which deceased fallen from said vehicle and died because of vehicle running over him - Medical evidence supported prosecution case - I.O. along..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Contraband - Applicability of S.43 of the Act - Chance recovery - Where search and seizure was made from vehicle used, by way of chance recovery from public road, provision of S.43 of the Act would apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Recovery effected from motor cycle of accused - Seizure of motor cycle is proved beyond reasonable doubt - Question of ownership of vehicle is thus, not relevant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Non-joining of independent witnesses - Chance recovery - When conduct of accused was found suspicious and a chance recovery from vehicle used by him is made from public place and proved beyond reasonable doubt, accused cannot avail any benefit of issue of non-joining of..........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Driving a vehicle at a slow speed but recklessly and negligently, would amount to rash and negligent driving within meaning of language of S.279 IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 61, 58, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 gms of heroin - Bail - It would be strange that contraband would be randomly planted on any person coming in a vehicle without there being any enmity shown between any particular police officer and petitioner looking at the fact..........
Motor Vehicles Act, 1988, Section 173 -- Constitution of Appellate Tribunal - In order to curtail pendency before High Courts and for speedy disposal of appeals concerning payment of compensation to victims of road accident, it would be just and proper to consider constituting `Motor Vehicle Appellate Tribunals' by amending S.173 of the Act so that appeals challenging..........
Service -- Misconduct - Removal from service - Inspector conducted inspection of vehicle in which workman is conductor and found that 17 passengers were without ticket - Said fact has not been disputed in cross-examination - When inspector tried to record statements of passengers, conductor misbehaved with him and used unruly words - Mere fact that Inspector was not able..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Total compensation - Enhancement of - Taking into account the age of deceased, applicable multiplier and various heads under which claimants are entitled to compensation, claimants entitled to total compensation of Rs.4,70,000 with interest at 6% p.a from date of claim petition till date of realization - Enhanced..........
