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
..... 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
..... 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
..... 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
..... family. the principles to determine liability and quantum of compensation which were laid down by the apex court were modeled in schedule-ii of the motor vehicles act, 1988 read with section 163a of the act of 1988 to arrive at just and fair compensation. in para 20 of sarlaverma's case (cited supra), it was observed that generally the actual income of ..... bearing in mind the loss of dependency, looking to the age of the deceased person as also the age of the dependents. thus, guided by second schedule read with section 163a of the act of 1988, the amount of compensation can be arrived at multiplicand by appropriate multiplier, just and reasonable compensation may be awarded and not bonanza for the claimants. in .....
Tag this Judgment!Court : Mumbai Nagpur
..... vicarious liability of the owner pursuant to the insurance contract. third party for whose benefit the insurance contract was entered in to is required to establish under section 166 of the motor vehicle act that the driver was negligent to drive the vehicle resulting in the motor vehicle accident and the owner of the offending motor vehicle is vicariously liable and that ..... defendants. in assessing damages against joint tortfeasors one set of damages will be fixed and they must be assessed according to the aggregate amount of injury resulting from the common act. the damages cannot be apportioned so as to award one sum against one defendant and another against the other defendant, though they may have been guilty in unequal degree. if .....
Tag this Judgment!Court : Mumbai Nagpur
..... (2010(2) mh.l.j. 424) and state of maharashtra and ors. v. sanjay k. nimje (2007(3) mh.l.j. 795) and also section 10 of the maharashtra scheduled caste, scheduled tribes, de-notified tribes (vimukta jati), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification ..... the petitioner completed two years of service and therefore claimed to be deemed to have been confirmed in service as per section 5(2) of maharashtra employees of private schools (conditions of service) regulation act, 1977. the petitioner got her right crystalized in view of the observations of constitution bench (milind) (supra) along ..... of) caste certificate act, 2000, (maharashtra act no. xxiii of 2001), which is in force from 18.10.2001. the judgments read and referred by the learned judges but have taken different .....
Tag this Judgment!Court : Mumbai Nagpur
..... as mr. parse is concerned, as he is termed as a consumer. in any case, respondent no.2 cannot be termed as a consumer as per in section 2(15) of the said act. there was no bar in entertaining the proceedings filed by the respondent no.2. in my view, the provisions of regulation 6.7(d) are not attracted ..... tribunal, arbitrator or authority. it will also be proper to quote the definition of the term consumer appearing in section 2(15) of the electricity act, 2013 as the aforesaid regulation uses the word consumer. the definition of the word consumer appearing in section 2(15) is as follows: 2.(15) consumer means any person who is supplied with electricity for his own ..... use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being .....
Tag this Judgment!Court : Mumbai Nagpur
..... the accused. learned additional public prosecutor further submits that since the deceased and the appellant were residing together, in view of the provisions section 106 of the evidence act, the burden was upon the appellant to explain the facts which were exclusively within his knowledge. learned additional public prosecutor further submits that ..... special knowledge of the accused, such as the circumstances in which or the intention with which an accused did a particular act alleged to constitute an offence. the language of section 106 evidence act does not, in our opinion, warrant putting such a narrow construction upon it. this court held in gurucharan singh v ..... is lower than the burden resting upon the prosecution to establish the guilt of an accused beyond reasonable 10. neither an application of section 103 nor of 106 of the evidence act could, however, absolve the prosecution from the duty of discharging its general or primary burden of proving the prosecution case beyond reasonable .....
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