Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years of age at the time of accident and was earning a fixed monthly income - Once these foundational facts are established, addition towards future prospects follows as a necessary consequence - Since, income of deceased being fixed at Rs.10,000 p.m, an addition of 40%..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 72 -- Bail - Non-bailable warrant of arrest (NBWA) - I.O. has not waited for scheduled time and NBWA issued against petitioner is an affront to personal liberty of petitioner - Same appears to have no legal sanction of law, as NBWA should be last resort in a criminal case when issuance of Bailable Warrant would not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Power of Attorney holder as a party - Power of attorney holder can conduct proceedings but cannot be impleaded as a party or substitute plaintiff - He can appear only as a witness in his personal capacity and there are provisions under CPC for recording evidence on issuance of commission - Order impleading..........
Evidence Act, 1872, Section 122 -- (Bharatiya Sakshya Adhiniyam, 2023, S.128) - Personal diary of complainant - Does not fall within ambit of S.122 of Evidence Act (S.128 of BSA Act, 2023) - Same not prohibited from being taken into evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where payee is a company, complaint should necessarily be filed in the name of company and a power of attorney holder or agent cannot file complaint in his personal capacity...........
Will -- Due execution - Suit property is in the ownership of Family Trust - It was thus, not within power of testator to bequeath the trust property by way of Will as her personal property...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account income of deceased to be Rs.7,000 p.m. multiplier of 17, 40% future prospects, deduction of 1/4th for personal expenses, Rs.15,000 loss of estate, Rs.40,000 loss of consortium and Rs.15,000 for funeral expensed, total amount of Rs.17,29,400, awarded to claimants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Criminal Procedure Code, 1973, Section 446 -- Surety - Realization warrant - Proceedings u/s 446 Cr.P.C. initiated against appellants as main accused committed a default in not attending Court - Appellants/sureties also did not appear on date fixed despite personal service as such impugned order was passed to realize penalty issuing realization warrant - However, since..........
