Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of carpenter - Income of carpenter can only be proved by oral evidence - Income of carpenter assessed as Rs.5,000/- per month - Adding 40% for future prospectus, deducting 1/5 for personal expenses keeping in view of large number of dependents and applying multiplier of 16, compensation works out to..........
Indian Penal Code, 1860, Section 364, 302, 420 -- Abduction and murder - Cheating - Circumstantial evidence - Cause of death - Prosecution failed to establish probable cause of death of deceased, though it was recorded in inquest panchnama that death was caused by strangulation - Doctor who prepared post mortem report not examined by prosecution to prove contents of report..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by poison - Deceased and accused were residing together in a room adjacent to factory of accused - Injuries and nail marks evince resistance by deceased to forcible administration of poison - Accused as per his own statement u/s 313 Cr.P.C handed over a bottle of poison to police stating that..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
Civil Procedure Code, 1908, Order 22, Rule 4, 2A, 2B -- Death of defendant No.2 - Substitution of L.R's - Application filed by plaintiff rejected on the ground that it is duty of L.R's themselves to come on record - No prejudice shall be caused to defendant, rather onerous duty cast by statue in terms of O.22.R.2-B would be satisfied that too at the instance of plaintiff..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of a party - Onus is cast upon pleader of party which has died during pendency of lis, to inform about said fact to Court, provided pleader has knowledge of said fact - However, limitation will start running from date when said fact is brought into notice of opposite party by counsel representing deceased party...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 10A -- Death of one of defendants - Substitution of LRs - Application filed by plaintiff on basis of her personal knowledge - There is no mention in application as to when plaintiff came to know about death of deceased defendant, from what source and why previously said fact was not in her knowledge - Plaintiff gained..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Death of 24 children in procedure conducted by petitioner employed in Hospital - Money extracted from parents of deceased children for purpose of haplo stem cell transplant - Specific allegation in FIR that parents of patients were informed that success rate of haplo stem cell transplant is 90 to 95 % and if..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden quarrel arose between parties due to trivial issue of grazing buffaloes of accused for which deceased raised objection - Deceased and accused exchanged wordy abuses on which accused gave deceased blows on his head causing six head injuries - There was no prior deliberation or determination to..........
