Court : Chennai Madurai
..... to the estate of the deceased. there is a specific inclusion of all legal representatives to claim for compensation under section 166 of the motor vehicle's act. therefore, merely because a married daughter has joined the other claimants/legal representatives, or makes a separate claim, such claim cannot be said to be against ..... , and the same is extracted hereunder:- "there is another, aspect, which requires consideration. the provisions of sections 110-a to 110-f of the motor vehicles act, were inserted to provide cheap and speedy remedy to the persons, who had suffered loss on account of the accident. the provisions, being benevolent, call for liberal ..... in gujarat state road transport corporation v. ramanbhai prabhatbhai reported in 1987 acj 561 (sc), the allahabad high court held that the emphasis under the motor vehicles act is dependency and that near and dear, including the brother's children can be the dependants. (d) in oriental insurance company ltd., v. naresh chandra agarwal .....
Tag this Judgment!Court : Chennai Madurai
..... , radhakrishnan, pauldurai, oliver, doss @ andhikannan doss and ramesh were convicted for the commission of the offences under sections 302, 302 r/w 149, 148, section 3 of indian explosives substances act, 1908 and sections 326 and 392 r/w 149 of ipc., sentenced to death and various spells of imprisonment. 2. the convicts challenging the legality of the conviction and sentence .....
Tag this Judgment!Court : Chennai Madurai
..... the district magistrate himself. 17. after the above directions of the hon'ble supreme court in upadhyay case, in exercise of the power conferred under section 59 of the prisoner act, 1894, the governor of tamil nadu made amendments to the tamil nadu prison rules, 1983. as per this amendment, the directions issued by the hon'ble supreme court in upadhyay .....
Tag this Judgment!Court : Chennai Madurai
..... supreme court observed as under: abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of the cases ..... 'ble apex court observed that: abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of the ..... 2368 'instigation' has been explained by the hon'ble apex court as under: 20. instigation is to goad, urge forward, provoke, incite or encourage to do "an act". to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect, or what constitutes instigation must necessarily and specifically be .....
Tag this Judgment!Court : Chennai Madurai
..... saying that he would do away with the life of the defacto complainant. in some cases, though the case under section 307 ipc is registered, neither the intention nor the act complained of could establish the offence under section 307 ipc. the motive for the occurrence, the nature of weapon used, the nature of injury sustained, period of treatment and the ..... sister presented the cheque in the bank and after presenting the same, they were returning home and on coming to know of such presentation, the petitioner, being annoyed by the act, came behind the vehicle of the de-facto complainant and attacked the de-facto complainant and her sister with iron rod and in that process, the petitioner is stated to .....
Tag this Judgment!Court : Chennai Madurai
..... court observed as under: 44. abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. 45. the intention of the legislature and the ratio of ..... 'ble apex court observed that: abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of the ..... 'instigation' has been explained by the hon'ble apex court as under: 20. instigation is to goad, urge forward, provoke, incite or encourage to do "an act". to satisfy the requirement of instigation though it is not necessary that actualwords must be used to that effect, or what constitutes instigation must necessarily and specifically be suggestive .....
Tag this Judgment!Court : Chennai Madurai
..... whether a decision falls in the said category. by "procedural impropriety", he means not only failure to observe the basic rules of natural justice or failure to act with procedural fairness, but also failure to observe procedural rules that are expressly laid down in the legislative instrument by which the tribunal's jurisdiction is conferred ..... not persuade us, for the reason that such drastic measure has been taken by the central government to curtail the black money, corruption and various other evil acts of unscrupulous anti-social and anti-national elements. if any prior notice is so issued about the proposal to demonetize, in our considered view, that would defeat ..... transactions using the specified bank notes; now, therefore, in exercise of the powers conferred by sub-section (2) of section 26 of the reserve bank of india act, 1934 (2 of 1934), the central government hereby declares that the specified bank notes shall not be ceased to be legal tender, with effect from the 9th .....
Tag this Judgment!Court : Chennai Madurai
..... .25 to ex.p.31. 16. the learned judge pointed out that the admitted portion of confession of the accused is clearly admissible under section 27 of the indian evidence act. the accused had stayed with said sathiya at ariyalur jeyanthi lodge and the room was provided by p.w.22 and he has also identified the accused. thereafter, p.w .....
Tag this Judgment!Court : Chennai Madurai
..... 16. it is one thing to say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed by ..... the high court at calcutta issued a writ of mandamus. though the parties therein were bound by a contract, holding that if the instrumentality of the state acts contrary to public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of article 14 of the constitution of india in its contractual or statutory obligation ..... after considering various decisions and taking note of the fact that the functions of the public prosecutor relate to public purpose entrusting him with the responsibility of acting only in the interest of administration of justice and that the office of a government pleader is a public office, the hon'ble supreme court set .....
Tag this Judgment!Court : Chennai Madurai
..... that the attendant circumstances do not show that the child was acting under the influence of someone or was under a threat or coercion. evidence of a child witness can be relied upon if the court, with its expertise and ability to ..... only if the court comes to the conclusion that the child understands the question put to him and he is capable of giving rational answers (see section 118of the evidence act). a child witness, by reason of his tender age, is a pliable witness. he can be tutored easily either by threat, coercion or inducement. therefore, the court must be satisfied .....
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