Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Appellant deserves the same relief as High Court in lead appeal enhancing compensation payable to all land owners in relation to their lands situated in different villages at more or less uniform rates - Order of High Court dismissing application for recall with prayer to enhance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Taking into account the income, future prospectus, multiplier, deduction towards personal expenses, loss of income to claimants, amount awarded by Tribunal as Rs.2,88,000/- - Claimants entitled to further amount of Rs.1,20,240 - Since the parents of deceased had expired and claimants are only..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder case - Sentence modified by High Court on wrong factual premise - Trial Court acquitted four accused u/ss 302, 149 IPC but convicted u/s 27 of Arms Act - High Court convicted all of them u/ss 302, 149 IPC and S.27 of Arms Act in appeal on the wrong factual premise that accused have suffered..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Rash and negligent driving by accused proved on record which resulted in death of four persons apart from injuries to three - Yet trial Court awarded sentence only of 4 months imprisonment on each count of offence u/s 304-A IPC and only fine of Rs.100..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement of - Income of husband increased - Exact salary of husband is not given by him - Evidence of PW2 that income of husband increased to 67,000 not denied by husband - Maintenance u/s 125 Cr.P.C is awarded to wife commensurate with life she would have enjoyed if she had lived in husband's household..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appellant Court enhanced amount of interim maintenance without there being any appeal by wife for enhancement - Moreover, no cogent and valid reasons assigned by appellate Court for enhancing amount of interim maintenance - Order of appellate Court is per se illegal and set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Application for amendment of pleadings u/s 24 HMA - Rejection of application by trial Court on the ground of availability of remedy u/s 127 Cr.P.C. - Said finding of trial Court held, erroneous, as it leads to multiplicity of proceedings - Amendment application..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Enhancement of - Enhanced maintenance can be claimed only from date of enhancement of income...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Enhancement of compensation - Application for additional evidence - Burden is upon landowners to show the market value and they have to bring on record relevant sale instances and other evidence and once said exercise was not done, there is no such valid reason to allow, at this stage, application for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Enhancement - Monthly income - Age of deceased and field of studies he was pursuing, it would be appropriate that he is considered to be a skilled labourer - In case where claimants failed to substantiate earning of deceased, safest yardstick is to rely upon minimum wages prevalent in State at time..........
