Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused, creates a doubt as to whether prosecution has brought on record real genesis of incident - Such non-explanation, however is a factor which is to be taken into account in judging veracity of PWs and Court has to scrutinize evidence with care...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Partition suit -- Sanad Takseem - Merely on account of fact that one of co-sharers has expired just a few days prior to drawing of Sanad Takseem, said fact would not take away effect of partition effected between parties - Even otherwise, if Sanad Takseem has been drawn in favour of co-sharer who is stated to have expired in that eventuality LRs of said co-sharer can very..........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of detenu ordinarily resides in Australia - Detenu was left with the house help by his father, while he was on a business trip to Belgium - Perturbed by same, detenu called his mother in distress and she flew all the way from Australia to be with him - It would also be rather unfair to expect her to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Bail - Contraband - Recovery of 180 kgs Doda post from co-accused - Petitioner was not present on the spot and has been nominated on the basis of disclosure statement suffered by co-accused - Allegations against petitioner are that he was involved..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account notional income of deceased, Multiplier of 16, loss of consortium, loss of estate and funeral expenses, loss of future earnings and other heads under which claimants are entitled to compensation, total compensation, awarded to claimants @ Rs.27,52,000 with 6% interest p.a from date..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Taking into account the earning of deceased at Rs.20,000 p.m and adding 40% towards future prospects, deduction of 1/3rd towards personal expenses, loss of dependency @ Rs.18,666 p.m, multiplier of 15, Rs.40,000 awarded under head of loss of consortium, Rs.80,000 as parental compensation for two..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
