Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Deceased aged 44 at the time of death - Income of deceased took Rs. 2000/- after deducting his own upkeep - Multiplier of 15 applied - Amount of Rs. 1.50lacs awarded towards loss of consortium and loss of love and affection - Amount of compensation enhanced to Rs. 5.10 lacs along with interest @ 7.5%..........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged promptly - Specific role assigned to accused inflicting injuries upon deceased - Prosecution story is well supported with eye-witness account - Ocular testimony finds corroboration from medical report and ante-mortem injuries reported therein - Defence story set up by accused that somebody else having done..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry Death - Cruelty - Deceased died after six months of marriage by consumption of poisonous substance due to maltreatment and harassment met out by the accused and his family members - Evidence reveals that immediate before incident deceased was subjected to taunt and beatings on account of giving less dowry - Complainant..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B - - Dowry Death - Cruelty - Presumption - Wife died due to consumption of poison on account of harassment of maltreatment for dowry demand - Accused failed to prove that they are residing separately or having separate gas connection nor any evidence to show that deceased was under depression of..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Cruelty and dowry Death - Dying Declaration - Proof of - Issue is about the credibility of doctor, the Executive Magistrate and mother of deceased - Mother of deceased deposed about the maltreatment met out by the deceased at the hands of accused for money - Doctor give a categorical certificate..........
Indian Penal Code, 1860, Section 120B, 148, 307 - - Attempt to murder - Proof - FIR was immediately registered without any unnecessary delay - Complainant/injured, eye witnesses proved occurrence - No material contradictions or improvements have been pointed out - Oral statement duly supported and corroborated by medical evidence - Recovery of gun and lathis fully..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Specific Relief Act, 1963, S. 34 - Eviction - Ownership - Educational qualification, Succession certificate, death certificate and Death-cum-Gratuity Certificate shows father of the landlord as owner and ultimately landlord as owner...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Last seen together - Deceased was last seen with accused and his dead body was found soon thereafter - Even, certain articles belonging to deceased were recovered from custody of accused and his uncle leaves no room for doubt that three of them were travelling..........
Constitution of India, 1950, Article 14 -- Compassionate employment - Clause in Scheme of bank - Validity - As per scheme financial condition of the family at time of death of employee were required to be taken into consideration while considering the case a family member of deceased for appointment on compassionate basis - Settled law that compassionate appointment to one..........
Compassionate Appointment -- Father of petitioner died of cancer during service leaving behind aged parents, a young illiterate widow, two college going sons and an unmarried daughter - Admittedly with no other source of income or any other investment - Scheme of bank made for granting compassionate appointment to dependents of deceased employee - Deceased was only bread..........
