This tag is associated with 3 posts

Accident claim = when the drivers licence was not valid and was not renewed at the time of accident, petitioner is not entitled to 75% of the claim on non-standard basis and respondent has not committed any error in repudiating claim.

published in NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION                                                 NEW DELHI          REVISION PETITION NO. 75-76 OF 2013 (From the order dated 08.11.2012 in Appeal No. FA/12/95 & FA/12/98 of the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur) Alok Waghe S/o Shri S.D. Waghe R/o LIG, Tatibandh, Raipur, Ditrict Raipur (C.G.)                                                                   …Petitioner/Complainant Versus Bajaj Allianz General Insurance Co. Ltd. Through: Branch Manager, Shimangal Bhawan, Pandri Raipur, District Raipur (C.G.)                                                               …Respondent/Opp. Party … Continue reading

“Enhancement of Annual Intake Capacity in Undergraduate Courses in Medical College for the Academic Session 2013-14 only Regulations 2013”= Writ of Certiorari to quash the Corrigendum Notification No. 37(1)2013/One Time Permission/Med./19355, in so far as it confines the benefits of – the “Enhancement of Annual Intake Capacity in Undergraduate Courses in Medical College for the Academic Session 2013-14 only Regulations 2013” (in short “Regulations 2013”), issued vide notification dated 8.7.2013, to the Government Medical Colleges only, as unconstitutional, being ultra vires of Article 14 of the Constitution of India.= Central Government is also empowered under Section 3(c) of Indian Medical Council Act, as amended in 2010, to issue various directions to the Board of Governor of the the MCI, which reads as follows :- “3C. (1) Without prejudice to the provisions of this Act, the Board of Governors or the Council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on questions of policy, other – than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time; Provided that the Board of Governors or the Council after its reconstitution shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. (2) The decision of the Central Government whether a question is a matter of policy or not shall be final.” Board of Governors of the MCI is, therefore, bound by the Corrigendum issued by the Central Government. We notice that the above corrigendum extending the last date was made applicable only to the Government medical colleges recording the reason that the time would be very short so as to process the applications by the MCI received from the non-government medical colleges. We cannot say that the decision taken by the Central Government is perverse, arbitrary or unreasonable, so as to strike down the corrigendum issued under the extra- ordinary jurisdiction of this Court under Article 32 of the Constitution of India. – 22. The petitions, therefore, lack in merits and are accordingly dismissed.

published in   http://judis.nic.in/supremecourt/imgst.aspx?filename=40790         REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 580 OF 2013   Dr. B. R. Ambedkar Medical College & Ors. .. Petitioners   Versus   Union of India & Another .. Respondents   WITH SLP (CIVIL) NO. 24693 OF 2013   J U … Continue reading

murder case – acquitted benefit of doubt =This Court dealt with the issue in Criminal Appeal No. 1062 of 2003 in State of Madhya Pradesh v. Kalyan Singh, decided on 26.6.2008, wherein this Court was informed by the Standing counsel that in Madhya Pradesh, police is not required to send the copy of the FIR to the Illaqa Magistrate, but it is required to be sent to the District Magistrate. It was so required by the provisions contained in 1 “Delay in receipt of the FIR and the connected documents in all cases cannot be a factor corroding the credibility of the prosecution version. But that is not the only factor which weighed with the High Court. Added to that, the High Court has noted the artificiality of the evidence of PW 1 and the non-explanation of injuries on the accused persons which were very serious in nature. The combined effect of these factors certainly deserved consideration and, according to us, the High Court has rightly emphasised on them to hold that the prosecution has not been able to establish the accusations. Singularly, the factors may not have an adverse effect on the prosecution version. But when a combined effect of the factors noted by the High Court are taken into consideration, the inevitable conclusion is that these are cases where no interference is called for.”

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 610 of 2007 Shivlal & Anr. …Appellants Versus State of Chhattisgarh …Respondent J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the judgment and order dated 25.8.2006 of the High Court of … Continue reading

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