Criminal Procedure Code, 1973, Section 372 -- Appeal by victim - Enhancement of sentence and grant of compensation - Maintainability - Offence u/ss 363, 366-A IPC and S.6 of Protection of Children From Sexual Offences Act, 2012 - S.372 Proviso Cr.P.C. grants right to victim to prefer an appeal against any order passed by lower Court acquitting the accused or convicting him..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Determination of income - Victim was a professional driver and he suffered 100% permanent disability with regard to his earning capacity - Tribunal and High Court had not assessed the true income of victim by assessing it at Rs.2000 p.m - Notional income of victim must be taken at Rs.3,500 p.m..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Liability of husband to pay installments by obtaining various loans etc. is no reason to deny maintenance to wife - Maintenance enhanced from Rs.8,500 to Rs.12,000 p.m from the date of passing of impugned order...........
Criminal Procedure Code, 1973, Section 125, 126, 127 -- Enhancement of maintenance - Wife living separately from her husband with her two children - She is a house wife and does not have an independent source of income - Family Court awarded Rs.4000 to wife and Rs.2,500 to each child - Wife claiming a sum of Rs.10,000 p.m - Taking into account the income of husband and..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(2), Family Courts Act, 1984, Section 7(1)(f) -- Jurisdiction - Enhancement of maintenance under 1986 Act - It is a proceeding for maintenance - Family Court has jurisdiction to decide it...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(2), Family Courts Act, 1984, Section 7(1)(f) -- Jurisdiction - Enhancement of maintenance under 1986 Act - Family Court has power to enhance maintenance to divorcee Muslim Woman even after lapse of sometime of passing of final order - However, there is no specific provision for maintenance to child under..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - 25% permanent disability - Enhancement of compensation - Considering nature of treatment, medical expenses, transport and attendant charges, pain and sufferings and extra nourishment which was given to claimant during treatment, total compensation of Rs.25,300 which was awarded by Court below is enhanced to..........
Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Date from which payable - It is discretion of Court to enhance maintenance either from date of order or from date of application - In the instant case enhancement of maintenance made applicable from the date of application - No illegality in exercise of jurisdiction by trial Court in its..........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Even though claimants have not preferred any appeal and not prayed for enhancement of compensation, it is obligatory on the part of courts/tribunals to award just and reasonable compensation - It is appropriate to increase the compensation...........
Requisitioning and Acquisition of Immovable Property Act, 1952, Section 9 -- Acquisition of land - Enhancement of compensation - Payment of solatium and interest - Even though twin ameliorators of solatium and interest on amount of compensation is not available under the Act - Award of solatium of 30% and interest @9% with principle compensation on equity basis - Is held..........
