Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 38 years of age at the relevant time as per his driving licence - Future prospects of deceased would be assessed considering his age at 40% of his annual income as per Pranay Sethi case - 1/4th of said amount would be deducted towards deceased's personal expenses as he was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction for personal expenses - Deceased is survived by 7 dependents - In view of Sarla Verma case and Pranay Sethi case, appropriate deduction for personal expenses for deceased ought to be 1/5th only and not 1/4th as applied by Tribunal and High Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Non-compliance of provision of S.50 of the Act - Recovery not effected from personal search of accused - But the same was found containing rucksack which was with accused who was pillion rider of scooter driven by co-accused - Provision of S.50 of the Act not applicable...........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Offence u/ss 5(j)(ii), 5(i), 6 of POCSO Act - Marriage between Muslims under personal law is not excluded from sweep of POCSO Act - Penetrative sexual intercourse with a minor even if it is under the guise of marriage is an offence under POCSO Act...........
Interpretation of statues -- When provisions of a statue are repugnant to or contrary to customary law or personal law in the absence of any specific exclusion of said customary or personal law from statutory provisions, statue will prevail and personal law or customary law shall stand abrogated to the extent of inconsistency...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint u/s 138 of N.I Act cannot be transferred as per convenience of accused - Since accused is a woman and a senior citizen, therefore, she can always seek exemption from personal appearance - Transfer petition dismissed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions towards personal and living expenses - Taking into account number of dependents in family, 1/3rd of monthly income was to be deducted towards personal and living expenses of deceased in view of Pranay Sethi's case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Notional income of deceased as determined by High Court is Rs.6500 p.m and by adding 40% towards future prospects and deducting 1/3rd towards personal expenses of deceased and applying multiplier of 17, claimant shall be entitled to Rs.12,37,790/- under head of loss of dependency...........
