Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a businessman - Relevance of Income Tax Return for the period which it relates to Financial Year concerned and not on the date on which it is filed with the Income Tax Department - When faced with Returns for different Assessment Years, it would be upto the Tribunal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% functional disability - Total compensation - Taking into account the income of injured @ Rs.9,000 pm on the date of accident, multiplier of 13, future prospects to the extent of 25, disability 40%, adding Rs.50,000 towards pain and sufferings, Rs.75000 towards loss of amenities in future happiness and medical expenses..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 26(1) -- Proviso - Acquisition of land - Date of determination of market value - Market value of acquired land shall be determined as on the date of issuance of notification u/s 11 of the Act...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Acquisition of land - Date of enactment of 2013 Act i.e. 1.1.2014 has no relevance to fresh acquisition initiated under the statute - Said date is relevant only if land acquisition proceedings had been initiated under the old Land Acquisition Act and..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of title and permanent injunction - Limitation starts from date of knowledge - Time starts when defendant has filed objection before Tehsildar for amendment of record on 10.07.2010 - Plaintiff who is in possession of said land, filed suit for declaration and permanent injunction on 9.10.2013 is not..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Partition suit - Plaintiff though contended that he is in possession of portion of property, however, no evidence led by him that he was in possession of suit property on the date of filing of suit - S.27 of the Act thus, not given effect to rescue plaintiff's case, as he has not proved his..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 528 -- Order of cancellation of bail and issuance of arrest warrants - Petitioner after grant of bail was regularly appearing before Court below - However, on one particular date he inadvertently failed to appear on account of his ill health - Trial Court straightaway proceeded to issue non-bailable warrants against..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
