Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of appellant as 34 years at the time of accident, his monthly income @ Rs.6,950, 40% future prospects, multiplier of 18, 55% permanent disability and other heads under which appellant is entitled to compensation, total compensation of Rs.15,55,211 with 6% interest p.a from date..........
Specific Relief Act, 1963, Section 37, 38, 39 -- Injunction - No party can claim relief of injunction as a matter of right and Court has discretion to refuse grant of an injunction in suitable cases...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Applicability of bar U.O.2.R.2 CPC depends upon identity of cause of action raised and also upon whether plaintiff despite having knowledge of relevant facts omitted to claim relief in earlier suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Service -- Appointment - Economically Weaker Section (EWS) Category - Candidates will have to submit a caste certificate/reservation certificate which must exist prior to last date of application or last date of advertisement and should conform to prescribed proforma printed in appendix - If certificates relied upon by appellants were not in respect of financial year prior..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere fact that wife is earning is not a valid ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 340, 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.379, 144) - Perjury - Proceedings u/s 125 Cr.P.C. - Merely because wife exaggerated the income of her husband in order to claim maintenance u/s 125 Cr.P.C., it does not mean that such a statement on the part of wife warrants action u/s 340 Cr.P.C...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Hindu Marriage Act, 1955, Section 13, 9 -- Dismissal of divorce petition and decretal of counter claim of restitution of conjugal rights - Single appeal against two distinct reliefs not maintainable even though common judgment is passed considering the fact that issues involved are common and it was between same parties...........
