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Motor Vehicles Act, 1988, Section 166 – Appeal – Claimants did not filed any appeal seeking enhancement of compensation awarded by the Tribunal before the High Court – Appeal filed by the Insurance Company was accepted – Appellant-Claimants held entitled to enhanced compensation in exercise of powers conferred under Article 142 of the Constitution.

Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial – Circumstantial evidence – Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict. [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

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CrPC S. 311 - The power of the court is not constrained by the closure of evidence, the broad powers under Section 311 are to be governed by the requirement of justice - The power must be exercised wherever the court finds that any evidence is essential for the just decision of the case

IDA S. 17B - Reappointment and reinstatement

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Motor Vehicles Act, 1988, Section 166 – Appeal – Claimants did not filed any appeal seeking enhancement of compensation awarded by the Tribunal before the High Court – Appeal filed by the Insurance Company was accepted – Appellant-Claimants held entitled to enhanced compensation in exercise of powers conferred under Article 142 of the Constitution.

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Motor Vehicles Act

Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

Motor Vehicles Act

MVA | Delay in lodging an FIR is not fatal if claimant demonstrates satisfactory and convincing reasons – Insurer responsible to prove its contention by summoning the offending vehicle’s rider – Preponderance of probabilities is the touchstone for concluding rashness and negligence. [2023 SCeJ 0206 (AP)]

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MVA S. 166 – Important cases

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