Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Enhancement of - Valuation report prepared by witness on behalf of claimants - High Court mechanically accepted the subject valuation report merely because valuation report of same witness came to be accepted by Supreme court in other reference proceedings - No proper analysis of oral..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 10 -- Maintenance to Senior Citizen - Awarded at Rs.7,500/- per month - Applicant thereafter wrote a letter to Minister for Revenue which was transmitted to District Collector who then unilaterally acted as Appellate Tribunal and enhanced maintenance to Rs.10,000/- - Jurisdiction of Appellate..........
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482 -- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts below - He..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury case - Enhancement of compensation - Considering number of injuries suffered by claimant, period of hospitalization, it is very difficult to quantify pain and suffering undergone by a person suffering injury requiring long hospitalization, surgeries and follow up treatment - Compensation enhanced...........
Consumer Protection Act, 1986, Section 12, 17 -- Medical negligence - Death of patient - Compensation has to be calculated on the basis of twin criteria of age and income - But in absence of income of father or family, there is no legally acceptable norm available on record for enhancement of compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased aged about 38 years was in settled job and was not self employed or on fixed salary - High Court enhanced future prospects at 40% - Amount of pecuniary loss as assessed by High Court remains reasonable and cannot be said to be either exorbitant or too low so as to call for any..........
Criminal Procedure Code, 1973, Section 386(b)(iii), 401 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence but said course is permissible only after giving notice of enhancement to accused - Order enhancing sentence of accused from 7 years to 10 years under POCSO Act without giving notice is not in accordance with procedure..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to unmarried major daughter - Enhancement of - Application u/s 127 Cr.P.C for enhancement of maintenance filed after more than 4 years of decision of petition u/s 125 Cr.P.C - Circumstances have completely changed - Daughter is pursuing higher studies now - Taking into account the salary of petitioner and..........
Medical Council of India Act, 1956 - - Post Graduate Medical Courses - Enhancement of seats in MS (Orthopedics) and MD (Radio Diagnosis) - Direction to conduct inspection of Institute - Direction issued without giving opportunity of hearing to appellant - High Court ought to have given an opportunity of hearing to appellant before directing for inspection - Prima facie..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - High Court determined compensation after taking into account all aspects such as location of each village, distance from city of Chandigarh and its quality as was done by Land Acquisition Officer and then worked out rates of lands situated in each village after giving appropriate..........
