Valid Period of Temporary Registration of a Motor Vehicle

          A vehicle having a temporary  registration number met with an accident after 22 days of expiry of last  valid date of registration i.e. after one month 22 days after date of temporary registration and insurance company refuse to give claim on the ground that vehicle was not registered at the tome accident and at last matter came up before Hon'ble court and Hon'ble Apex court considered the provisions of Motor Vehicle Act and conditions of insurance policy in Civil Appeal no. 8463 of 2014 [Arising out of SLP (C)  No. 26308 of 2013] (Narinder Singh Versus New India Assurance Co. Ltd. and others) decided on 04.09.2014 and Hon'ble Supreme held that:-

      A- No person shall drive a Motor Vehicle in any public place without any valid registration granted by registering authority.

     B- Owner of Vehicle may apply to the registering authority for temporary registration and registration mark and if such temporary registration is granted by authority then same shall be valid only for maximum period of one month.

    C- The period of one month of temporary registration can be extended by the registering authority only if temporary registration is granted in respect of chassis to which body has not been attached and same is detained in work-shop beyond the period of one month for being fitted with the body or unforeseen circumstances beyond the control of owner.

   D- Using a Motor vehicle on the public road without any valid registration is punishable offence  and also a fundamental breach of the terms and condition of policy contract.

EFFECT OF NON PAYMENT DEFICIENCY IN COURT FEE BUT SUIT WAS DECIDED

    If Plaint was amended and additional relief was seek and due to amendment in relief plaintiff should pay more court fee but same was not pay and court also did not direct to pay but this point was raised in appeal filed by defendant and appellate court directed to plaintiff to make up the deficit court-fee. whether appellate court can pass such order or not this question was decided by bench of Hon'ble Three Judges (Hon'ble C.J.I. and two other Hon'ble Judges) of Hon'ble Apex Court in  Civil Appeal No. 8660 of 2014 [ arising out of SLP (C) No. 9042 of 2013](Tejendra Singh Ghambhir and another versus Gurpreet Singh and others).

           Hon'ble Apex court examined the provision of section 149, 151, 96, 100 of C.P.C. and section 6 and its sub-section,  and 12 (ii) of court fee Act 1870 (As applicable in U.P.) and held that-

                       It is duty of the court to determine as whether or not court -fee paid on the plaint is deficient and if court fee is found to be deficient, then give an opportunity to the plaintiff to make up such deficiency within the time that may be fixed by the court.

                       For payment of court fee ,the time must be granted by the court and if despite of the order of the court deficient court fee is not paid within time allowed by court time to tme then consequence  as provided must follow ie. court may dismiss the suit.

                      If question of deficiency of court fee is raised before court of appeal revision or reference and court found that court fee in Trial court was deficient then he must time to pay the deficient court and if same in not paid in time fixed by the court then if defaulter is appellant or, revisionist then appeal or revision shall be dismissed and if respondent then court shall informed to Collector to recover the deficiency as  arrears of land revenue.

KANOONI CHARCHA: Government Order in Relation to Land Acquisition

BAIL IN CRIMINAL CASES AND PROVISION FOR BAIL
 There is two kind of offences i.e. Bailable and non-bailable offence
                            Deference between bailable and non-bailable offence

INCOME OF A HOUSE-WIFE FOR COMPUTING COMPENSATION UNDER MOTOR VEHICLES ACT

             If a house wife was not doing any work and has no source of income then how much her income should be fixed for purpose to computing the compensation under Motor Vehicles Act this question has been decided by Hon'ble Apex Court in the case of Jitendra Khimshankar Trivedi and othess Versus  Kasam Daud Kumbhar and others decided on 03.02.2015 and reported in 2015 (2) AWC 1089 (SC).

              Hon'ble Apex court held that it is hard to monetize the domestic work done by a house-wife. The service of the mother/wife is available 24 hours and her duties are never fixed. courts have recognized the contribution made by the wife to the house is invaluable and that it cannot be computed in terms of money. A house wife/house-maker does not work by the clock and she is in constant attendance of the family throughout and such service render by the house-maker has to be necessarily kept in veiw while calculating the loss of dependency.

              In this case Hon'ble Apex Court fixed the income of deceased house-wife/house-maker Rs. 3,000/- per month after considering several earlier decisions of Court and enhanced the award

BAIL IN CRIMINAL CASES AND PROVISION OF BAIL

                   There is two kind of offences i.e. Bailable and non-bailable offence 

                            Deference between bailable and non-bailable offence 

                    Non-bailable offence means not that in a non-bailable offence an accused cannot be released on bail during pendency of trial or  inquiry but only deference in both kind of offences that in a bailable offence bail is right of accused and court or police officer cannot refuse to release him on bail but in non- bailable offences it is depend upon the discretion of court.

                           Provision of bail 

                           Provision of bail has been given in section 167, 436, 436-A, 437, 438 and 439 of Cr.P.C.

167- Although this section is mainly related to the remand of accused during investigation but according to section 2 (a)  (ii) of this section if investigation is not completed and charge sheet submitted within 90 days in offence punishable with death, imprisonment for life or for more than ten years and within 60 days in offence punishable with imprisonment for less than ten year shall be releases on bail if he is ready and does furnish bail.

436- According to this section in a bailable offence an accused person shall be released on bail if he is ready to furnish surety and if he is indigent then he shall release on personal bond without surety and according to explanation of this section if a person unable to give bail within a week of his arrest then he is indigent person.

436-A-  According to this section if any person has spent more than half period in jail of maximum period of imprisonment provided for that offence shall be released on bail.

437-  Tthis section is providing for bail in non-bailable offences, according to this section 1- any person may be released on bail (it depend upon discretion of court) except- 1- an offence punishable with death or imprisonment for life 2- he is previously convicted with death, life imprisonment or imprisonment of more than seven year or he has been previously convicted on two or more occasions for imprisonment for three years or more. and he is not  under the age of sixteen years or woman or sick or infirm.

 2- There are not grounds for believe that he has committed a non-bailable offence.

3-  If in any offence triable by Magistrate the trial is not concluded within sixty days from the first date of fixed for taking evidence and accused in jail for that whole period.

438- This section provides power to High court and Session Court to grant anticipatory bail but this section is not applicable in State of U.P.

439- This Section provides special power to High Court and Session court and high court and Session court may direct to released to any person on bail in any case if it think proper and this power is totally discretionary power of High Court and Session court.. and this section is also provides power to High Court and Session Court to cancel the bail of any person.