Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of parents - Monthly income of deceased - Accident occurred in the year 2007 and the father of appellant who claimed to had been running a jewellery shop, was aged only 48 years at the time of accident and mother of appellant was aged only 38 years at the time of accident and she was also not a mere..........
Service -- Termination - Applications for voluntary retirement filed by respondents were kept pending by appellants for no reason till orders of termination were passed - Though conduct of appellants in not deciding the applications cannot be supported at all, but there was no reason for respondents to take recourse to absenteeism - Respondents have already reached the age..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Keeping in view the age of appellant, his profession and claim under various heads, total compensation @ Rs.15,98,000 with 8% interest awarded to appellant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Deceased was 43 years of age at the time of accident - Multiplier of 14 is thus, appropriate...........
Service -- Extension of age of retirement - Appellant has accepted his retirement at the age of sixty - Even otherwise, Regulations which extended the age of superannuation are applicable only to those who qualify as a teacher - Appellant is not a teacher and was only involved in administrative work with CSIIT - Moreover, State government itself has not adopted the amended..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of Sentence - Conviction u/s 302 IPC once confirmed by all Court then minimum sentence is imprisonment for life - There is thus, no ground or reason for granting a lesser sentence - When minimum sentence itself is life imprisonment, then grounds like parity, leniency, old age, health concerns, etc. are not of any..........
Service -- Dismissal from service - Appellant was appointed as conductor in 1979 and was dismissed in 1982 - He served the respondent corporation for about 3 years - Considering the time gap ever since he was appointed, he must have attained the age of superannuation - Appellant awarded lump sum compensation of Rs.2 lakhs instead of going into merits of controversy either..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Age of appellant at the time of accident was 37 years - Computation of future prospects is to be done as per Pranay Sethi case - Since appellant had a permanent job, addition of 50% of actual salary to the income of appellant towards loss of future prospects ought to be calculated...........
