Court : Jammu and Kashmir
Decided on : Dec-27-2006
Reported in : 2007(2)JKJ75
..... which he had been bestowing on his dependents would thus be the sine-qua-non maintaining a petition by such legal heirs for award of compensation under section 168 of the act.19. the tribunal, in the present case, has not dealt with all these aspects and has in a slip shod manner, recorded its findings on issue ..... deceased before his death.18. it further needs to be noticed that all the legal heirs of the deceased may not be entitled to claim compensation under section 168 of motor vehicles act, 1988, unless it was proved that such legal heirs were dependent financially, emotionally or otherwise on the deceased. the dependency of the legal heirs on ..... earrings.17. it is only when such finding, as aforesaid, is recorded that the tribunal may proceed to determine the just compensation in terms of section 168 of the motor vehicles act. while determining compensation, the tribunal is required to ensure that compensation so awarded to the dependent family of the deceased, even if some part of .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-27-2006
Reported in : 2007(1)JKJ617
..... of madhya pradesh 2006 cr. l.j. 3640 the apex court while dealing with the cases of murder caused in sudden fight observed:the fourth exception of section 300, ipc covers acts done in a sudden fight. the said exception deals with a case of prosecution not covered by the first exception after which its place would have been ..... out of the provocation engendered by the heat of a sudden quarrel followed by a sudden fight. onus to show it is on the accused under section 105 evidence act. as noticed above we find the appellant has neither taken the plea in his defence during his examination or cross examination nor has established it in evidence. ..... examined as many as 12 witnesses including the fsl experts and the investigating officer. from the evidence led by the prosecution the trial court found that the offence under section 302 rpc was proved against the appellant. the court, therefore, convicted the appellant under the offence. the court in this behalf observed as under:from the discussion .....
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