Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of future income/earnings - Death of both the parents who were running the Mill - Merely because appellants steps into the shoes of their parents/deceased by such factum itself, appellants would not be capable of running the Mill and same is not a ground to reduce the compensation - It would be of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence of communication between deceased and petitioner - Family members of deceased have belatedly levelled general, omnibus and bald allegations that deceased was distressed due to conduct of co-accused and petitioner in not returning cash and gold jewellery - Prima facie offence u/s 306 IPC not made out..........
Will -- Due execution - Execution of Will in favour of one brother to the exclusion of other brothers - Testator and his wife were jointly residing with defendant No.1 and were on very good terms with him, therefore he bequeathed his property to defendant No.1 in lieu of service rendered by him - Reason for exclusion of plaintiff from Will by testator is due to the fact..........
Will -- Proof - Burden to prove due execution of Will is always on propounder - It is incumbent on propounder of Will to prove that testator had signed Will and had put his signatures out of his free will and that testator was possessed of sound disposition of mind and understood contents of Will...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Investigation is at a nascent stage and without investigation, it cannot be ascertained as to whether or not there was intention on part of petitioners to dupe complainants of their hard-earned money by making false promises -..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Non-compliance of decree of restitution of conjugal rights by wife - Conduct of husband in completely ignoring his wife after she suffered miscarriage of their child would have been the proverbial last straw adding to her suffering due to ill-treatment in her matrimonial home - She, therefore, had just..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Nature of suit property was proved to be abadi deh lying within lal lakeer - Possession of land within abadi deh/lal lakeer follows ownership - Even though possession of plaintiff over suit land may be unauthorized but that does not give any legal right to defendant to dispossess plaintiff or interfere in his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife without any justifiable reasons left matrimonial home for over 20 years - In the absence of any corrective measures initiated by wife after having left matrimonial home, version of wife that she was compelled to leave the house due to treatment meted out by husband needs to be viewed with suspicion - Marriage between..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
