Indian Penal Code, 1860, Section 279, Motor Vehicles Act, 1988, Section 185 -- Accident - Rash and negligent driving - Three versions have emerged as cause of accident - Two of which could not be attributed to accused - As regarding allegation that accused was driving the vehicle under influence of alcohol, prosecution withheld scientific evidence which would establish..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident - Deceased child died due to head injuries sustained in the accident - Evidence of eye witnesses coupled with medical evidence are cogent, consistent and convincing - Accused was present at the time of occurrence as per Mahazar witnesses - Discrepancy with regard to type and nature of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Explanation - Public place - Private vehicle does not come within expression `public place' as explained in S.43 but comes u/s 42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 75 kg poppy straw - Recovery effected from private vehicle belonging to accused - Case would come u/s 42 of the Act not u/s 43 of the Act - There was total non-compliance of mandatory provision of S.42 of the Act - Accused acquitted...........
Motor Vehicles Act, 1988, Section 185, 203, 204, 205, Evidence Act, 1872, Section 106 -- Accident claim - Burden of proof - Driver under influence of alcohol - Facts about nature, quantity and place of consumption would be within special knowledge of person who has consumed alcohol - It would be "disproportionately difficult" for insurer to prove whether driver was empty..........
Indian Penal Code, 1860, Section 279, Consumer Protection Act, 1986, Section 12, Motor Vehicles Act, 1988, Section 185, 147, 203, 204, 205 -- Accident - Drunken driving - Liability of Insurance Company - Driver and co-passenger proved to be under influence of alcohol - Aggravates possibility of rash and negligent driving - Insurance company is entitled to invoke exclusion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Transportation of 26 kgs Ganja - Accused/helper was found on truck containing contraband and he did not make any attempt to abscond - Owner of truck is absconding and driver of truck had made an attempt to flee - Accused is first time offender and he was 22/23 years of age at the time of incident..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Confiscated proceedings have not been initiated with regard to vehicle - Court directed to release of seized vehicle - No typographical or any other apparent mistake has been committed in the order -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Wife sought transfer of family suit from Vadodara to Surat - Distance between Vadodara and Surat is 170 kms - Wife having four wheeler vehicle and having a job of fashion design thus, is not having any hardship as compared to husband - Moreover, there is only a single matter pending with Court at Vadodara -..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which has not been claimed by any other person - Although no contraband was recovered from car, still vehicle seized under provisions of NDPS Act can be released in favour of registered owner provided no order of..........
