Court : Mumbai Nagpur
..... parties. 2. considering the short controversy involved in the matter i.e. dismissal of the complaint preferred by the applicant for an offence punishable under section 138 of the negotiable instruments act even prior to the issuance of process against the non applicants, it appears proper to decide this application even without issuing any notice to the non ..... the date of keeping himself present before the court for recording his verification statement. it is, thus, urged that for serving the ends of justice, powers under section 482 of the cr.p.c. be exercised and the impugned order be quashed and set aside on such terms and conditions as deemed proper, to afford an ..... than he himself being not informed about the date by his advocate as contended. 8. in the premises aforesaid and considering the real purpose for which the powers under section 482 of cr.p.c. are to be exercised, the case is made out for exercising such powers. however, considering the conduct of the applicant, certain cost .....
Tag this Judgment!Court : Mumbai Nagpur
..... 10,000/- and rs. 2000/- respectively. thus, total sum of compensation was fixed at rs.1,84,500/- inclusive of interim compensation for no fault liability under section 140 of motor vehicle act. the rate of interest @ 6% per annum awarded was also minimum in the facts and circumstances of the case. thus, looking into the nature of evidence before ..... of rs. 15,000/- was taken as yearly income of the victim so as to compute compensation in this case. in second schedule of the motor vehicle act, 1988, with reference to section 163-a, have prescribed guidelines with reference to age of victim, multiplier and compensation, in case of death of the victim, which mentions various slabs of ..... was in a slow speed and driver of the bus was not at fault. 5] the incident was reported on 29/10/2000 and crime no. 41/2000 under section 279, 337, 338, 304a and 427 of indian penal code at samudrapur police station, district wardha was registered against the st driver. injured motor cyclist was preferred for .....
Tag this Judgment!Court : Mumbai Nagpur
..... rs.5,000/- loss of estate = rs.5,75,500/- total compensation for motor vehicle fatal accident claim + 9% p.a. simple interest payable under section 171 of the motor vehicles act from the date of petition 17-01-1995 till full payment = required to be paid as just and fair compensation (inclusive of no-fault liability paid). 12 ..... agony and pain. thus, a sum of rs.6,10,000/- was awarded as compensation inclusive of the sum awarded as no fault liability under section 140 of the motor vehicles act, 1988. 3. the appellant has challenged the award by the tribunal on the ground that the deceased as a driver of the motorcycle was proportionately ..... is tested upon preponderance of probabilities. strict proof of fir, inquest panchanama, post-mortem notes,death certificate is not required as in a criminal trial as the act has beneficial and social welfare object to adequately compensate victims of motor vehicle accidents. there is no evidence led about the alleged contributory negligence on the part of .....
Tag this Judgment!Court : Mumbai Nagpur
..... permit is granted. in my opinion overloading of the transport vehicle is not such a breach which can be said to be a breach in terms of section 149(2) of motor vehicles act. it may be a breach of condition of registration certificate or route permit but it cannot be used as a weapon by the insurer for avoiding liability ..... to compensate third party in terms of mandate of provisions of the motor vehicle act, 1988. . breach must be specifically pleaded and proved. it is not the case of the insurer-appellants that the offending vehicle mahindra savari was used for different purpose ..... the said breach or breaches of the condition of driving licence is/are so fundamental and bound to have contributed to the cause of the accident. the motor vehicle act has socio-economic objective to compensate the third party who may have became the victims of the road accident as a result of the extensive use of the motor .....
Tag this Judgment!Court : Mumbai Nagpur
..... issues for the study and for higher specialized degree courses including the o.m.f.s. 6. the regulations are also made in view of section 10a read with section 20 of the act for the regulation of dental council which are amended from time to time. there is no dispute that for any establishment of the dental college ..... well as the patients. 27. in a way, this will also mean refusal of recognition or renewal without following the procedure under section 10(b) of the act apart from section 10a(4) of the dentists (amendment) act, 1993 specifically when there are no reasons provided in the order dealing with every such aspect separately and/or individually. the authority, ..... final year examination could not have even applied for recognition of the m.d.s. degree to the uoi. not even that, they further referred to section 10(b) of the act thereby again intimating that if any admissions are made in violation of above conditions, those will be treated as irregular and action for noncompliance will be .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself .....
Tag this Judgment!Court : Mumbai Nagpur
..... the year 2002, in my opinion, is not erroneously inferred by the tribunal. in reshmakumaris case (supra) the apex court has held that the second schedule under section 163a of the motor vehicles act can be used as a guide. in sarlavermas case (supra) the apex court has held that the income of the deceased per annum should be determined. out of .....
Tag this Judgment!Court : Mumbai Nagpur
..... achieve different purpose and objects. the commodities like sugarcane foodstuffs, edible oil, raw cotton, raw jute that are specifically mentioned in section 3 of the act, which is in the central act, various price control orders are engaged specifically to cover the aspect of price control or such commodities. we are inclined to observe ..... show that various goods/commodities have been specifically included and accordingly specific provisions have been made to regulate various aspects of the same commodities. section 3 of essential commodities act itself defines and covers certain commodities but not the cotton seeds specifically. it is also clear that every aspect of the subject and/or ..... farmers at large. the central government till this date has not enacted any provisions to control the cotton seed prices. the plain reading of section 3 of the act itself provides that the central government is required to form its opinion to enact laws and/or orders to regulate the products/goods as fall .....
Tag this Judgment!Court : Mumbai Nagpur
..... from time to time. 8. the object of the legislature is to provide just compensation with necessary uniformity in such cases, so that claim under section 163-a of the motor vehicles act can be heard and decided expeditiously. considering the intent of welfare legislation and considering that the second schedule was introduced in the year 1994 and ..... of the deceased, multiplier of more than 5 should not have been applied and thus, compensation on higher side has been awarded. 7. section 163a of the motor vehicles act, 1988 was introduced by amending act, 55 of 1994 (w.e.f. 14/11/1994). it starts with non-obstant clause, whereby the owner of the offending motor vehicle ..... of the minidor, in which deceased manoj was traveling were not joined as party-respondents to the claim petition as the case was the one under section 163a of the motor vehicles act. he contends that there was contributory negligence on the part of driver of the minidor also. in the alternative he submits that there was no .....
Tag this Judgment!Court : Mumbai Nagpur
..... received by the academic council, it is for the academic council to send show cause notice to petitioner. the academic council is constituted under section 29 of the 1998 act. as per section 29[2], registrar of the university is the ex-officio secretary of the academic council. hence, if a notice of motion along with a ..... their college. 27. we direct the respondent no.1 university to initiate and hold appropriate enquiry into the matter in accordance with the provisions of section 38 of the 1998 act, and thereafter to decide whether the petitioners are at fault or not and if answer to this is yes, proceed to decide whether the ..... 2012, the executive council also mechanically accepts the recommendation of the academic council. he, in this background, has invited our attention to procedure prescribed in section 38 of the 1998 act to urge that the motion for de-recognition was never initiated or then processed as contemplated therein. impugned action is, therefore, illegal and liable to .....
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