Court : Delhi
..... they find it difficult to prove evidence with regard to negligence, the option to have resort to no- fault liability on the structured formula under section 163a of mv act is always available to seek just compensation. the case of bimla devi (supra) cannot be an illustration to hold otherwise inasmuch as it is clear from the ..... report of offending vehicle and vehicle of the deceased. these documents are sufficient proofs to reach the conclusion that the driver was negligent. proceedings under motor vehicles act are not akin to proceedings in a civil suit and hence strict rules of evidence are not required to be followed in this regard. hence, this contention ..... of negligence is necessary before the owner or the insurance company may be held liable for payment of compensation in a motor accident claim case brought under section 166 mv act. 9. in the case of devki (supra), the counsel representing the claimants had relied on the decision of the supreme court in bimla devi vs. himachal road .....
Tag this Judgment!Court : Delhi
..... they find it difficult to prove evidence with regard to negligence, the option to have resort to no- fault liability on the structured formula under section 163a of mv act is always available to seek just compensation. the case of bimla devi (supra) cannot be an illustration to hold otherwise inasmuch as it is clear from the ..... report of offending vehicle and vehicle of the deceased. these documents are sufficient proofs to reach the conclusion that the driver was negligent. proceedings under motor vehicles act are not akin to proceedings in a civil suit and hence strict rules of evidence are not required to be followed in this regard. hence, this contention ..... of negligence is necessary before the owner or the insurance company may be held liable for payment of compensation in a motor accident claim case brought under section 166 mv act. 9. in the case of devki (supra), the counsel representing the claimants had relied on the decision of the supreme court in bimla devi vs. himachal road .....
Tag this Judgment!Court : Supreme Court of India
..... . page 11 of 260 rules , for the sake of convenience), which have been framed under sections 6, 8 and 25 of the environment (protection) act, 1986 ( ep act, 1986 , for short) in consonance with articles 14, 19, 21, 38, 47, 48, 48a read with article 51-a(g) of the constitution ..... in original, as notified for the purpose. morphological characters using distinctiveness, uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra) guidelines for the hybrids. source of germplasm/ pedigree and biotech traits must be provided with self-declaration by the applicant. affidavit on the ownership ..... protects the right to a safe and healthy environment. precautionary principle:31. the essence of the precautionary principle lies in the notion that decision makers should act in advance of scientific certainty to protect the environment. [source: andrew jordan and timothy o riordan, the precautionary principle in contemporary environmental politics (1995) .....
Tag this Judgment!Court : Karnataka
..... not amounting to murder shall be punished with imprisonment for life or with imprisonment which may extend to 10 years and shall also be liable to pay fine if the act by which death is caused is done with intention of causing death or causing such bodily injury as is likely to cause death, thereby meaning section 304 part i of ..... hon ble supreme court in the case of mohan lal & another vs. state of punjab (air2013sc2408.23. further, it is relevant to refer to section 134 of the indian evidence act, 1872 relating to appreciation of evidence and so also the concept of quality of evidence as well as the plurality of the witnesses. it is not number of witnesses but ..... of the deceased narayanappa.17. insofar as the concept of proved and also disproved and also not proved, it is relevant to refer to section 3 of the indian evidence act, 1872. a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that .....
Tag this Judgment!Court : Delhi
..... . (12) the reluctance to face interrogation by the investigating agency, to face the court, cross-examination by counsel for the culprit, and the risk of being disbelieved, act as deterrent .37. in this regard, observations made by this court in hari om (supra) may be reproduced with advantage: prosecutrix being a young girl aged about 7 ..... of making the complaint and the terms thereof become relevant as subsequent conduct. such a conduct is relevant under section 157 read with section 8 of the indian evidence act. in emperor vs. phagunia bhuran, air1926pat. 58, it was observed as under:- if the girl went to her relatives straight after the occurrence and complained on her ..... basis of conviction. in other words even in the absence of oath the evidence of a child witness can be considered under section 118 of the evidence act provided that such witness is able to understand the questions and able to give rational answers thereof. the evidence of a child witness and credibility thereof would .....
Tag this Judgment!Court : Chennai
..... that the respondent had rebutted the statutory presumption under section 139 of the act and aggrieved by the order of acquittal, the private complainant preferred an appeal to the high court of judicature at bombay, which also dismissed the appeal ..... issued and the respondent/accused did not comply with the terms of such notice and, therefore, complaint under section 138 r/w 142 of the negotiable instruments act, 1881, came to be filed. the trial court has acquitted the respondent holding that the appellant/private complainant failed to prove the liability and also holding ..... accused and, therefore, it is not a legally enforceable debt and having found that the private complainant failed to prove the ingredients of section 138 of the act, by giving benefit of doubt in favour of the accused, dismissed the complaint and, thereby, acquitting the accused. aggrieved by the same, the private complainant .....
Tag this Judgment!Court : Jharkhand
..... some accused persons, namely amarendra kumar singh, yogendra sharma @ munna sharma and kunal jena alias kunna, on the strength of section 30 of 41 indian evidence act, as it fulfilled all the mandatory requirements.68. now, it is appropriate at this juncture to appreciate the rest of the evidence adduced along with the confessional ..... bearing no. bbh-4200 seized from their house. thereafter, three seizure lists (x, x/1 and x/3) were prepared by him in presence of ashutosh bal and jagarnath modak upon which he, witnesses and the accused put their respective signature. he has added that lalit chandra biswas, in his statement recorded under section ..... bistupur p.s. case no. 346 of 1993 was registered against unknown accused persons, under section 302 read with section 120b, ipc and section 27, arms act. investigation was thereafter undertaken by the local police. however, subsequently the investigation in the said case was handed over to the special investigation team which was constituted .....
Tag this Judgment!Court : Jharkhand
..... some accused persons, namely amarendra kumar singh, yogendra sharma @ munna sharma and kunal jena alias kunna, on the strength of section 30 of 41 indian evidence act, as it fulfilled all the mandatory requirements.68. now, it is appropriate at this juncture to appreciate the rest of the evidence adduced along with the confessional ..... bearing no. bbh-4200 seized from their house. thereafter, three seizure lists (x, x/1 and x/3) were prepared by him in presence of ashutosh bal and jagarnath modak upon which he, witnesses and the accused put their respective signature. he has added that lalit chandra biswas, in his statement recorded under section ..... bistupur p.s. case no. 346 of 1993 was registered against unknown accused persons, under section 302 read with section 120b, ipc and section 27, arms act. investigation was thereafter undertaken by the local police. however, subsequently the investigation in the said case was handed over to the special investigation team which was constituted .....
Tag this Judgment!Court : Jharkhand
..... some accused persons, namely amarendra kumar singh, yogendra sharma @ munna sharma and kunal jena alias kunna, on the strength of section 30 of 41 indian evidence act, as it fulfilled all the mandatory requirements.68. now, it is appropriate at this juncture to appreciate the rest of the evidence adduced along with the confessional ..... bearing no. bbh-4200 seized from their house. thereafter, three seizure lists (x, x/1 and x/3) were prepared by him in presence of ashutosh bal and jagarnath modak upon which he, witnesses and the accused put their respective signature. he has added that lalit chandra biswas, in his statement recorded under section ..... bistupur p.s. case no. 346 of 1993 was registered against unknown accused persons, under section 302 read with section 120b, ipc and section 27, arms act. investigation was thereafter undertaken by the local police. however, subsequently the investigation in the said case was handed over to the special investigation team which was constituted .....
Tag this Judgment!Court : Jharkhand
..... 2013) registered under sections 419, 420, 467, 468, 471, 120b of the indian penal code (in short i.p.c) and sections 25(1)-(b) and 26 of the arms act.2. mr. nilesh kumar, learned counsel for the petitioner has submitted that the aforesaid case has been instituted in course of investigation of the sikidiri p.s. case no.35 ..... of 2012 dated 09.10.2012, registered for the offence under sections 364 i.p.c and 27 of the arms act. it is submitted by the learned counsel that in the aforesaid case a pistol used by the petitioner was seized and the petitioner had produced the licence of the pistol ..... p.s. case no.328 of 2013 was registered under sections 419, 420, 467, 468, 471, 120b i.p.c and sections 25(1)-(b) and 26 of the arms act. it is evident that the second f.i.r was lodged during investigation of sikidiri p.s. case no.35 of 2012 when the fact that the pistol licence was .....
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