Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife asserted that she was forcibly thrown out of house though she was pregnant and was being continuously subjected to cruelty on account of demand of dowry and was being compelled to do household work unabatedly - However, no police report or complaint was made by wife regarding demand of dowry,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income - Minimum wages cannot be determined on the basis of educational qualification alone without reference to nature of work carried on...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Accident occurred in the year 2014 - Claimant was a loading unloading worker - He would earn between Rs.600 to 1000 per day as per PW6 - Total monthly wages claimed is only for 15 days work, i.e. Rs.15,000 - Income adopted at Rs.11,000 by Tribunal is thus, perfectly in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Victim/injured not being engaged in a regular employment still is entitled to 25% for future prospects especially since his functional disability was 100% totally disabled from carrying on any work or generate any income...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Appellant being a married man aged about 37 years, induced minor girl and took her into mango grove and committed sexual assault and thereafter he took her to Dhaba and forced her to work as a labourer in said dhaba, which is unpardonable - He has received..........
Admission -- M.Sc Environmental Management course - Cancellation of candidature - Eligibility criteria - Appellant fulfilled other eligibility criteria except for initial ineligibility i.e. having passed her B.Sc. Agriculture from private university which is also admittedly recognized by UGC - It is not the case of University that she did not possess a graduation degree -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Indian Penal Code, 1860, Section 376, 377, 302, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 376, 377, 302 IPC & Ss.5, 6 POCSO Act - Conviction - The Courts below have failed to make any detailed reference to the aggravating and mitigating circumstances surrounding the appellant - Court commuted the death sentence awarded to the..........
