Court : Mumbai Goa
..... . in the case of ishwar chandra (supra), the motor accident had occurred after deemed 30 days grace period provided for under proviso to section 15(1) of the act, after expiry of licence but before renewal application had been filed. considering the judgment in the case of swaran singh (supra), and the judgment in the case of national ..... the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defences available to the insurer under section 149(2) of the act. insurer may escape liability only if it can make out a case of willful infringement or violation of policy by insured, by cogent evidence, if it is ..... observed thus: 110. the summary of our findings to the various issues as raised in these petitions is as follows: (i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor .....
Tag this Judgment!Court : Mumbai Goa
..... insurer was, impleaded before the tribunal by the claimants themselves, as party-respondent. it had not filed any application under section 170(b) of the m. v. act before the tribunal, but was permitted to contest the petition on merits. hence, the first and the foremost question that arises for determination is whether the respondent no. ..... of nicolletta rohtagi? (supra), held that the insurance company could not have challenged the finding without obtaining permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case. further, in the case of josphine james? (supra), also, the insurer was impleaded before the tribunal ..... it follows that in the present case, since the respondent no. 3-insurance company had not obtained permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case, it could not have challenged the findings, on merits. hence, the appeal is not maintainable. 21. .....
Tag this Judgment!Court : Mumbai Goa
..... negligence. it is held that whichever party could have avoided the consequence of the others' negligence would be liable for the accident. if a person's negligent act or omission was a proximate and immediate cause of death, the fact that the person suffering injury was himself negligent and also contributed to the accident and the other ..... sustained injuries. he submitted that the guilt of the claimant was admitted by him before the police and had compounded the offence under section 184 of the m. v. act and had paid rs. 800/-, towards compounding fees. according to learned counsel, therefore, the claimant could not have been held to be entitled to any compensation. he ..... to as per their status in the claim petition. 4. the claimant had filed the said petition under section 166 of the motor vehicles ac, 1988 ('m.v. act' for short) for compensation of rs. 3,00,000/- on the account grievous injuries sustained by him in a motor vehicular accident which injuries resulted in permanent disability. .....
Tag this Judgment!Court : Mumbai Goa
..... 6. re:- question (a) (i) for proper appreciation of the controversy, it may be necessary to reproduce clause (c) of explanation to section 115ja(2) of the act as in force during the subject assessment year: section 115ja.- deemed income relating to certain companies. explanation. - for the purposes of this section, book profit means the net profit ..... namely addition on account of provision of doubtful debts to revise book profits and also imposition of interest under section 234b and 234c of the act, the respondent assessee filed an appeal to commissioner of income tax (appeals) (cit(a)). by an order dated 23/02/2001, the cit(a) upheld the ..... profits, to compute the income at rs.2.76 crores. besides, as the respondent assessee had not computed advance tax, interest under sections 234b and 234c of the act was also imposed aggregating to rs.30.71 lakhs, while computing the amount payable to the revenue by the respondent assessee. 4. being aggrieved, on both counts, .....
Tag this Judgment!Court : Mumbai Goa
..... the state government deems fit. 101} both, the learned advocate general and the assistant solicitor general, place reliance on the air craft act, 1934. the said act is an act to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft. in section 2 ..... claiming compensation for the acquisition of their lands and even objecting to the compensation offered by taking recourse to section 18 of the land acquisition act. equally, on instructions the learned advocate general makes a statement that the state government will provide employment opportunities to the petitioners and the affected ..... impact assessment study and necessary approval before the project of such magnitude is undertaken. according to mr.sonak this pre-condition under the environment protection act, 1986 and under the environmental impact assessment notification issued in september 2006, is mandatory. this pre-condition has to be satisfied before acquisition proposal .....
Tag this Judgment!Court : Mumbai Goa
..... and was sufficient to cause death. the injury caused to pw.12 was also dangerous being on the abdomen. therefore, as has been rightly held by the trial court, the act of the accused amounts to murder insofar as the death of the deceased is concerned and attempt to commit murder insofar as pw.12 is concerned. hence, conviction of the ..... accused no.1 caused the death of khadak singh and also caused dangerous injuries to ravi shinde (pw.12). 42. the next question that arises for determination is whether the act of accused no.1 amounts to murder insofar as the deceased is concerned and attempt to commit murder insofar as ravi shinde (pw.12) is concerned. 43. as stated by ..... out by learned counsel for the accused no. 1, that the waiter, by name, shekhar, referred to by pw.1 has not been examined. section 134 of the evidence act provides that no particular number of witnesses shall in any case be required for proof of any fact. it is settled that one credible witness outweighs the testimony of a .....
Tag this Judgment!Court : Mumbai Goa
..... and was sufficient to cause death. the injury caused to pw.12 was also dangerous being on the abdomen. therefore, as has been rightly held by the trial court, the act of the accused amounts to murder insofar as the death of the deceased is concerned and attempt to commit murder insofar as pw.12 is concerned. hence, conviction of the ..... accused no.1 caused the death of khadak singh and also caused dangerous injuries to ravi shinde (pw.12). 42. the next question that arises for determination is whether the act of accused no.1 amounts to murder insofar as the deceased is concerned and attempt to commit murder insofar as ravi shinde (pw.12) is concerned. 43. as stated by ..... out by learned counsel for the accused no. 1, that the waiter, by name, shekhar, referred to by pw.1 has not been examined. section 134 of the evidence act provides that no particular number of witnesses shall in any case be required for proof of any fact. it is settled that one credible witness outweighs the testimony of a .....
Tag this Judgment!Court : Mumbai Goa
..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 63. the question, therefore, arises for consideration is whether the circumstances which have been proved by the prosecution bring ..... the recovery panchanama is at exhibit 66. the evidence of pw.24 and pw.33, read with the said panchanama, exhibit 66, under section 27 of the evidence act, after separating admissible evidence from that which is inadmissible, reveals that the accused, inter alia, made a disclosure that he had taken a mobile, a pair of gold ..... upon the alleged extra-judicial confession made by the accused. at this stage, we deem it appropriate to refer to the relevant sections of the indian evidence act which are relevant for deciding whether the alleged extra-judicial confession could have been recorded by pw.22 dr. mandar kantak and further whether the learned sessions judge .....
Tag this Judgment!Court : Mumbai Goa
..... was also conducted on the dead body of the deceased. however, the face was completely decomposed. he identified his signature on the inquest panchanama, at exhibit 99. he acted as pancha witness again on 17/1/2009, when the undergarments, golden colour bangles and silver anklets which were on the body of the deceased at the time of ..... segregated from the inadmissible part in the statement of the accused. after segregating the admissible portion from that which is inadmissible, in terms of section 27 of the evidence act, and as held in the case supra, it is revealed that the accused had stated before the panchas that he had put the clothes i.e. salwar kameez ..... in two cases, the present one and the case of shahul hamid. most of the cross-examination of pw23 contains suggestions which are all denied by pw23. merely by acting as panch witness in two cases, a person cannot be stamped as stock panch for police and treated as unreliable. his testimony is not shaken in the cross-examination .....
Tag this Judgment!Court : Mumbai Goa
..... postmortem examination and microscopic examination of the tissues, respectively, the probable cause of death was because of multi-organ failure and septicemia with dic. because of the act of cutting of the whole of the small intestines and removal of same by means of knife, the multiorgan failure and septicemia with dic occurred and samiskha died. ..... there was a direct connection or association between the act and the death and such connection could not be said to be remote merely because death occurred after about 8/9 months. the nature of injuries sustained ..... burden of proof resting on the prosecution was not discharged. in the case of tamil nadu lakshmaiah (supra), the apex court has observed that under the evidence act, the onus of proving any of the exceptions mentioned in chapter iv dealing with general exceptions, lies on the accused though the requisite standard of proof is .....
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