Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Seven persons were dependent on deceased - Deduction of 1/5th amount towards personal expenses deducted by Tribunal as well as High Court - After adding 40% towards future prospects and applying other parameters, annual income of deceased could be placed at Rs.60,480 and multiplying the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Income of deceased was Rs.84,000 p.a as per Income Tax Returns for the year 2004-05 - Income Tax Return for the year 2005-06 was not proved - It cannot be simply assumed that there is no profit accruing from business of deceased at the time of accident - Annual income..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of fruit bearing trees existing on the land - In absence of any documentary evidence showing annual income earned by them from selling the fruits of trees, it is not proper to award anything further for the trees...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately at her maike on account of cruelty committed by husband due to non-fulfillment of demand of additional dowry - Husband was getting monthly salary of Rs.30,000 p.m - Awarding of maintenance @ Rs.15,000 p.m is excessive - Amount of maintenance reduced to Rs.9500 p.m with annual..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was doing wholesale business of selling fruits - Claimants were not able to prove the income of deceased - However, taking into account the Notification of 2016 under Minimum Wages Act, monthly income of an unskilled worker was fixed @ Rs.6500 - Consequently,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was doing wholesale business of selling fruits - Claimants were not able to prove the income of deceased - However, taking into account the Notification of 2016 under Minimum Wages Act, monthly income of an unskilled worker was fixed @ Rs.6500 - Consequently,..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and daughter - Enhancement of - Husband is a director of company and big shareholder - Annual income of husband is Rs.7,50,000 - Maintenance amount thus, increased to Rs.18,500/- pm to wife and Rs.10,000/- pm to minor daughter...........
Will -- Suspicious circumstance - Testatrix stated in Will that adopted child would perform her funeral rites, panda pradaan and other annual shastric ceremonies - However, adopted son was less than one year of age at that time and testatrix was in her 70s - This expectation on her part if at all believable was wholly unrealistic - However, grandson performed obsequies of..........
