Court : Supreme Court of India
Reported in : JT2009(10)SC90; RLW2010(1)SC361; 2009(10)SCALE90:2009AIRSCW6999; (2009)13SCC422
S.B. Sinha, J.Leave granted.1. Application of the principles for grant of compensation under the Motor Vehicles Act, 1939 (for short 'the 1939 Act') and the Motor Vehicles Act, 1988 (for short 'the 1988 Act') is the question involved herein. Before, embarking on the said question we may notice the fact of the matters involved in each case.Civil Appeal arising out of SLP (C) No. 8205/20072. Madan Mohan Singh Saini met with an accident on 3rd September, 1987, when the scooter on which he was riding, collided with a Maruti van, driven by respondent No. 1. Respondent No. 2 is the insurer. He was admitted to Ram Manohar Lohia Hospital where he succumbed to his injuries on 8th September, 2006.Appellants herein who are, wife, children and mother of the deceased filed a claim petition before the Motor Accident Claims Tribunal, New Delhi, under Sections 110A and 92A of the Act.By an award dated 13th July, 1992 the Tribunal awarded a sum of Rs. 3,36,000/- by way of compensation with 12% interest...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005ACJ1131; AIR2005SC2157; 2005(5)ALLMR(SC)486; 2005(3)AWC2221(SC); 2005(2)BLJR1148; (2005)3GLR2343; [2005(3)JCR65(SC)]; JT2005(11)SC264; 2005(3)KLT227(SC); (2005)3MLJ118; (2005)10SCC720
Arijit Pasayat, J.1. Leave granted.2. New India Assurance Co. Ltd. (hereinafter referred to as the 'Insurer') calls in question legality of the judgment rendered by a Division Bench of the Kerala High Court holding that the appellant was liable to pay compensation to the respondent No. 1 for the injuries sustained by him in an automobile accident. The accident took place on 14.12.1997 at about 3.10 A.M. It was claimed by the claimant that he sustained injuries because of the rash and negligent driving of the vehicle (Motor Cycle bearing Registration No. KL-7Q/9101) driven by the respondent No. 2. The claimant's stand was that he was travelling as a pillion rider. Total compensation of Rs. 9,00,000 was claimed. After considering the evidence on record, the Motor Accidents Claims Tribunal, Perumbavoor (in short the 'MACT') awarded Rs. 4,68,825 with 9% interest from the date of application till payment. The figure was arrived at in the following manner:-1. Rs. 2,88,000/- for loss of earni...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3366; III(2006)BC433; [2006]132CompCas450(SC); (2006)6CompLJ39(SC); 2006CriLJ4607; 2006(3)CTC730; JT2006(6)SC72; 2006(3)KLT404(SC); 2006(5)MhLj676; 2006MPLJ97(SC);
..... reasonably be true, even though it is not positively proved to be true, the accused would be entitled to acquittal.30. in the state through the delhi administration v. sanjay gandhi : 1978crilj952 , it was stated:.indeed, proof of facts by preponderance of probabilities as in a civil case is not foreign to criminal jurisprudence because, in cases where the statute raises .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751
1. These appeals are filed against the judgment dated 24.4.2003 of a division bench of the Delhi High Court in the Uphaar Cinema tragedy. CA No.7114-15/2003 is by the Municipal Corporation of Delhi (for short `MCD'). CA No.7116/2003 is by the Licensing Authority (Commissioner of Police). CA No. 6748/2004 is by M/s.Ansal Theatre and Clubotels Pvt. Ltd., the owners of the Uphaar Cinema Theatre (for short the `theatre owner' or `Licensee). 2. These appeals relate to the fire at Uphaar Cinema Theatre in Green Park, South Delhi on 13.6.1997, resulting in the death of 59 patrons and injury to 103 patrons. During the matinee show of a newly released film on 13.6.1997, the patrons of the cinema hall which was full were engrossed in the film. Shortly after the interval, a transformer of Delhi Vidyut Board installed in the ground floor parking area of Uphaar Cinema, caught fire. The oil from the transformer leaked and found its way to the passage outside where many cars were parked. Tw...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC706; [2001(89)FLR18]; JT2001(2)SC16; (2001)ILLJ710SC; 2001(1)SCALE270; (2001)3SCC574; [2001]1SCR413; 2001(2)LC922(SC); (2001)1UPLBEC834
MISRA, J. 1. Delay condoned in SLP(C)No. 691 of 2001 (CC No. 2360). 2. Leave granted in all the special leave petitions. 3. The aforesaid appeals raise common questions hence are being disposed of by means of this common judgment. These appeals arise out of industrial disputes through references by the Government of Gujarat under Section 10(1)(C) of the Industrial Disputes Act, 1947. It raised the following questions: 'Whether the employees listed in the scheduledannexed be made permanent, as from the day,when they complete 240 days service, and if inaffirmative, whether they are entitled to all the benefits at par with the permanent employees, andbe paid arrears.' 4. Before entering into the issues in this case it is necessary to give certain essential facts in order to appreciate the controversies. 5. The appellant is an educational institution fully aided by the State Government and is engaged in the educational activities in agriculture and allied sciences and humanity and is also ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2106; JT1987(3)SC180; (1988)ILLJ251SC; 1987(2)SCALE147; (1987)4SCC114; [1987]3SCR704; 1987(3)SLJ147(SC)
..... . the decisions are rai saheb ramjawaya kapur v. state of punjab : [1955]2scr225 ; a. sanjeevi naidu v. state of madras : [1970]3scr505 and u.n.r. rao v. smt. indira gandhi [1977] suppl. scr 46. these decisions neither referred to nor considered in sardari lal's case.the president as well as the governor is the constitutional or formal head. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC590; 2006(13)SCALE335; (2006)11SCC1
..... in her leadership, we all have joined congress party, today selflessly and we don't have any expectations. we will abide by the dictates of smt. sonia gandhi ji. in view of the aforesaid statements and absence of any explanation, let alone reasonable explanation, except only vague and general pleas and denials by the petitioners in ..... the congress party. during my longest political life, i was elected as an independent mla in 1977. in 1991, i was given congress party ticket by shri rajiv gandhi. i had been president of district congress committee, faridabad. i had been on some important posts of the organization. this time, i was not given congress party ..... the governor and had denied to the petitioner an opportunity to adduce evidence. noticing the principles of natural justice, the decision of this court in kihoto hollohan case, mrs. maneka gandhi v. union of india and anr. : [1978]2scr621 , union of india and anr. v. tulsiram patel : (1985)iillj206sc and reiterating that an order of an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(6)ALD103(SC); (2006)205CTR(SC)53; [2006(4)JCR89(SC)]; JT2006(8)SC328; 2006(8)SCALE161; (2006)6SCC613
..... weeks during the period the other two persons were appointed and if so why and on whose behalf he was sent on deputation.36. on 09.03.2005, mr. vimal gandhi, president, itat submitted his report. flash figures of investigation, disposal and dependency of appeals for the month of april, 2004 and the position as on 01.05.2004 with reference .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3996; 1997(2)ALD(Cri)945; 1998CriLJ76; JT1997(8)SC500; 1997(6)SCALE466; (1998)1SCC149; [1997]Supp4SCR531
S.P. Kurdukar, J.1. A primitive theory of punishment, 'limb for limb; eye for eye; ear for ear; etc., etc.', prevalent in the uncivilised society was put into action in letter and spirit in the present time. The magnitude of the present crime needs no elaboration. In the present crime five deaths were involved in which a boy of ten years had been assaulted and thrown into the fire and roasted alive; heads of three human bodies were severed and the 5th who sustained firearm injuries died in the hospital after about 17 days due to septicemia. Such is the gravity of the crime. Twenty-four persons were arraigned at the trial as accused and at the conclusion of the trial, the trial court awarded death sentence to four accused, life imprisonment to twelve accused and acquitted seven accused. The trial court made a reference under Section 366 CrPC; the convicted accused filed the appeals including those who had been awarded capital punishment; the State of U.P. also filed two appeals; one aga...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001(4)SCALE231
ORDER1. The transfer petitions are allowed. Writ Petition Nos. 3270/1999 and 3596/ 1999 pending in the High Court of Delhi are transferred to this Court. 2. Let the matters be listed in the month of January 2001 on a non-miscellaneous day. In the meantime, interim stay granted by the High Court shall stand vacated. 3. Mr. Ravinder Sethi, learned senior counsel on behalf of the respondents undertakes that the manufacturing activity using the hazardous chemicals will cease within 10 days from today. The said undertaking is recorded. The electricity and water connections should not be disconnected. ...
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