Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was engaged in trade as general merchant who dealt in scrap material and had a shop in big market - Parents of deceased and his wife were solely dependent on income earned by deceased for eking out their livelihood - Specific claim of father of deceased that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Foreigners Act, 1946, Section 14 -- Bail - On parity basis - Contraband - Petitioner was arrested on the disclosure statement of co-accused/his brother, however, after his arrest, said co-accused had got recovered 1 kg of heroin from an empty water..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
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..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Area on which the suit shop room situates is under the panchayat area - Although defendant claims that suit premises is governed by provision of West Bengal Premises Tenancy Act by extended notification issued by State Government but no such notification was filed before the Court - However, plaintiff filed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Petitioner/son is running a grocery shop in the village and other sons are daily wagers - Father is aged about 80 years and neglected by all the sons - Order directing petitioner to pay sum of Rs.3000 pm to father and other sons to pay a sum of Rs.1,500 each is proper...........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - As such first part of offence of S.509 IPC is not made out...........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - Even though statement alleged to be spoken by accused persons was not intending to be heard by defacto complainant or seen by her, but to..........
