Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of deceased was 52 years at the time of accident - Multiplier of 11 would be appropriate...........
Custody of child -- Minor child at the tender age of 2-1/2 years - Mother can claim custody over the minor child - Grandparents cannot be denied reasonable access/visitation right, which will also help the child's normal development - Grand parents granted visitation rights once in every month i.e. the first Saturday from 2.00 pm to 6.00 pm at the Child Care Centre -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Mode of determination of age - Date of birth certificate from school stands at highest pedestal - Whereas ossification test has been kept at the last rung to be considered only in the absence of both certificate from school and birth certificate issued by Corporation/Municipal..........
Custody of child -- Claimed by father - Custody of child was handed over to sister of husband when child was 3-4 months old and now she is 14 years of age - Child is now quite intelligent who could understand his welfare - She categorically stated that she is happy with family where she has been brought up and wishes to live with them - Stability of child is also of..........
Probation of Offenders Act, 1958, Section 4 -- Benefit of probation - There is no bar under law to extend benefit of probation to convict of above 21 years of age...........
Protection of Children from Sexual Offences Act, 2012, Section 9(M), 10, Indian Penal Code, 1860, Section 363 -- Offence u/ss 9(M), 10 of POCSO Act and S.363 IPC - Determination of age of prosecutrix - Date of birth of prosecutrix is mentioned on school register as well as admission card as 25.9.2014 - Prosecutrix was only 6 years old at the time of incident - Age of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is suffering from various ailments - Irrespective of age and ailments from which husband may be suffering, since he is recipient of regular monthly income from various sources, he cannot be permitted to deny/neglect maintenance to wife who is not intentionally living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is living with his daughter and son-in-law - Wife is 75 years old and is living with her son - No material on record that wife is living separately without any sufficient reason - She is not capable to maintain herself through her independent income - Husband apart from..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Aggravated sexual assault on 11 years old girl - Accused touched the body of child, chest and tried to remove her dress, which discloses his criminal intention - Sexual assault can be gathered from his act only - Moreover, accused is none other than friend of brother of victim girl being conversant..........
