Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 118(1), 351(2), 118(2), 191(3), 190 -- Bail - Offence u/ss 115(2), 118(1), 351(2), 118(2), 191(3), 190 BNS - Petitioner is behind bars from the last 2 months and 30 days - Investigation is complete - Final report u/s 173 Cr.P.C. was presented before concerned Court -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 395, 412, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 395, 412, 201, 120-B IPC and S.25 of Arms Act - Petitioner is behind bars for the last 5 months and 17 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before concerned Court - Charges..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court finds that in absence of persons sought to be impleaded as a party to suit, controversy raised in suit cannot be effectively and completely settled, Court would do justice by impleading such persons...........
Service -- Compassionate appointment - Lower courts directed the appellant to appoint respondent on the basis of decision given by SC in Canara Bank v M Mahesh Kumar - However, the lower appellate court failed to consider the criteria of stability while directing the appointment of respondent - Decision of lower courts set aside, with direction to appellant to pay Rs. 2.5..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - While entertaining a plea u/s 457 Cr.P.C., criminal Court is only supposed to examine as to which party is best entitled to get back possession - Ownership may be one aspect but another aspect would be entitlement of retaining the possession...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim towards mental and physical agony, pain and loss of amenities - Person in coma is entirely dependent on others - Meagre sum of Rs.2 lakhs as awarded by Tribunal towards mental and physical agony, pain and loss of amenities, as confirmed by High Court is insufficient - Considering the age, nature of..........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband has underwent cruelty in the hands of wife - Even, husband has not placed any evidence on record to show that he made efforts to bring back wife to his society - Trial Court has wrongly placed burden on wife that she has not made any efforts for reunion -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Just compensation - Tribunal/Court ought to award just compensation which is reasonable in the facts relying upon evidence produced on record - Therefore, less valuation if any made in the claim petition would not be impediment to award just compensation exceeding the claimed amount...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Multiplier - Deceased was 57-58 years of age at the time of accident - Considering the age of deceased, appellant would be entitled to future prospects @ 15% and on account of loss of estate and funeral expenses, amount of Rs.15,000 each awarded by High Court is as per law and as far as loss of..........
