The Code of Criminal Procedure, 1973  - Section 156 (3)

Treated as complaint - Order challenged - High Court set aside - Remarks against Magistrate - Non applying judicial mind - Appeal by Magistrate - Set aside - Judicial Discipline- Higher forum not to make remarks - Restrained from making.

Found In:  Judgement

Motor Vehicles Act,1988  - Section 163-A , Section 166

Compensation - Claim petition - Tribunal partly allowing petition under Section 163A of the Act for payment of sum of Rs.2,65,500/- with 12% interest - Tribunal permitting the petitioners to proceed with the petition filed under Section 166 of the Act - Orders of Tribunal affirmed by ld. Single Judge - Appeal against - Remedy for payment of compensation under Sections 163A and 166 are final and independent of each other - No claimant can pursue the remedies thereunder simultaneously - A claimant must opt/elect to go either for a proceeding under Section 163A or under Section 166 of the Act, but not under both - Claimants having obtained compensation, finally determined under Section 163A of the Act precluded from proceeding further with the petition filed under Section 166 of the Act - Orders of the Tribunal & High Court illegal - Set aside - Appeal allowed.

Found In:  Judgement

The Code of Criminal Procedure, 1973  - Section 406

Transfer petition - Deceased killed by the accused - Son of the deceased seeking transfer of proceedings from Haridwar to Delhi - Ground of transfer - Coercion and threat to the witnesses as well as doubtful sincerity of the investigating agency and prosecuting agency - Evidence showing that several letters/ applications written by the petitioner about the threats administered to him and his family by the accomplices of the accused - No action taken by the SSP, Haridwar or by Government of Uttarakhand - No protection afforded to the petitioner and his family to thwart such threats - Driver of the deceased an eye-witness of the murder - Driver turned hostile due to threats - Accused belong to powerful gang operating in U.P. - Circumstances showing it difficult for the witnesses to safely depose truth because of fear of being haunted by those against whom they have to depose - Directions issued to transfer the case from Haridwar to competent Court of jurisdiction at Delhi - Petition allowed.

Found In:  Judgement

Benami Transactions (Prohibition) Act, 1988  - Section 4

Right to recover property held benami - Prohibition of - Suit filed by plaintiff dismissed by the Trial Court - Trial court holding that suit barred by virtue of the provisions of the said Act and plaintiff no longer retained the right to recover the property from the Benami holder - First appellate Court holding that suit not prohibited by the said Act and that defendant could not be held to be a bonafide purchaser without any notice of the rights of plaintiff - Decree of first appellate court set aside by Ld. Single Judge - Appeal against - Plaintiff purchased the property out of her own funds - It could certainly be expected that when plaintiff knew about the clandestine sale of her property to defendant, she would send him a notice - A copy of notice along with postal certificate produced by plaintiff in evidence - The purchase of share of the defendant No. 2 by the defendant No. 1 without consent of the plaintiff gave him no rights whatsoever - Suit of plaintiff for declaration of her ownership valid and maintainable - Suit filed by plaintiff decreed and plaintiff declared the owner of the suit house - Impugned judgement of High Court set aside and of first appellate Court confirmed - Defendants permanently restrained from alienating any part of the suit house and forcibly interfering with the possession of the plaintiff - Appeal allowed.

Found In:  Judgement