Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to wife and children - Wife is not earning and is residing separately with children - Consequently, a reasonable and sufficient amount is required for maintenance to plaintiffs including their education and medical expenses - Husband was working as a software engineer in USA at the time of filing of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Statement of complainant recorded to the effect that matter has been compromised - Thereafter complainant stated that there was no compromise and accused is yet to make the payment as per compromise - Complainant cannot be permitted to back out from mutual settlement - If any of the parties..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Simply because accused refused to marry deceased, would not be a case of instigating, inciting or provoking the deceased to commit suicide and would not amount to abetment of suicide...........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Evidence of PW1 to PW3 r/w evidence of PW4 and PW5 along I.Os who supported the case of prosecution in entirety about demand and acceptance of bribe amount and also recovery of same from possession of respondent - Respondent had received or accepted currency..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Enhancement of claim for pain and sufferings - Keeping in view the injuries suffered, `pain and suffering' caused, and life-long nature of disability afflicted upon the claimant/appellant request of appellant is justified and as such Rs.15,00,000 under the head of `pain and suffering' is..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Agreement to sell -- Specific performance - Plaintiff already paid 75% of the sale consideration - If the plaintiff was unwilling to perform the contract, he would not have paid such an amount - Plaintiff with the payment of additional sum above the earnest money, has proved his readiness and willingness to perform the contract - Relief of specific performance rightly..........
