Criminal Procedure Code, 1973, Section 125 -- Enhancement of maintenance - 75 years old husband and 67 years old wife living separately due to differences - Considering age of wife, old age pension of Rs.2,000 pm would not be enough even to meet her medical expenses - Wife is suffering from problem in her ears and is having knee pain - Argument that wife must have..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Enhancement of compensation - No effective argument could be raised as to how compensation assessed by Tribunal was inadequate, except claimants entitlement to an increase of 40% towards annual dependency on account of `future prospects' - Appellants are entitled to compensation as awarded by Tribunal besides 40% addition..........
Criminal Procedure Code, 1973, Section 127, 125 -- Maintenance to wife and minor children - Enhancement of - Husband stated that wife is doing business of vegetables and earning about Rs.7,000 to 8,000 pm - Children of parties are minor and even if assuming that wife is doing some business, husband cannot avoid his responsibility to maintain his wife and minor children -..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Enhancement of - No evidence was brought on record by husband to establish actual income of wife - Husband is not discharging and taking responsibility to maintain his wife who is living independently from him with her children - He is thus, under an obligation to contribute amount for maintenance of..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim for enhancement of sentence is not maintainable - Victims right of appeal is restricted to three eventualities, namely, acquittal of accused, conviction of accused for lesser offence or for imposing inadequate compensation - There is no provision for appeal by victim for questioning order of sentence as..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Enhancement of compensation - Market value of land was determined on basis of compensation given to neighbouring acquired land - Both the lands are situated in close proximity - Therefore, amount of compensation determined by Court, found to be proper...........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Enhancement of sentence - Prosecution proved its case against accused - Considering gravity and seriousness of offence, sentence of accused enhanced u/ss 307, 114 IPC to 7 years...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 32% of total body disability - Compensation - Enhancement - Appellant is a housewife and income assessed by High Court at Rs.4250 p.m is appropriate - Appellant awarded Rs.3,00,000/- towards medical expenses as she failed to lead acceptable evidence in support of her claim for Rs.Four lakhs - Considering nature of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Appeal filed by claimants for enhancement of compensation amount is still pending before High Court - High Court ought to have heard appeal filed by Insurance Company along with cross-appeal of claimants pertaining to same accident - Matter remitted back to High Court...........
