Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Enhancement of compensation - 70% Disability - On account of amputation of his right leg below knee - Plea of loss of income qua disability is liable to be assessed by treating it to be a case of 100% disability - Plea held, not tenable as it is almost certain that he would not be able to work as a driver by..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Unlawful assembly and rioting - FIR against 15-16 named persons and 15-16 unnamed persons was registered, who were agitating against police - About 500-600 people assembled at a place - Mob was uncontrollable, as their Block Pramukh was murdered near police station one day before the incident - Due..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of interest - Tribunal awarded interest at the rate of 9% p.a. - Claimant failed to produce any document with regard to the interest paid by the banks of FDRs at the relevant time - No intereference required in the rate of intersest assessed by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased was 21 years of age at the time of accident - Income of deceased at the relevant time was Rs.4000/- p.m. - Keeping in view age of deceased, multiplier, loss of dependency, loss of love and affection, transport, funeral and loss of estate, compensation awarded by High Court is enhanced from Rs.5,01,500 to..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Considering amount of annual contribution to deceased's family and applying multiplier of 18, compensation would work to Rs.6,80,400 with 9% interest p.a - However, amount of compensation under other heads, as determined by High Court remain undisturbed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 25% disability - Compensation - Appellant was only 36 years on the date of accident - Loss of income for 11 months and loss of future income - Keeping in view the age of appellant, multiplier and after reckoning taxable earning of appellant, compensation amount under loss of income and loss of future income held, enhanced..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Agreement to sell -- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed writer, one of the attesting witness and statement of..........
Guardians and Wards Act, 1890, Section 7, 10 -- Custody of minor - Mother of minor girl abandoned her just after 21 days of her birth - She went to Australia leaving minor in the custody of her parents i.e maternal grandparents - No application for custody of child filed by mother before Court below - Even father of minor also not came forward claiming her custody - Mother..........
