Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(y) -- Victim - Cases involving death - Victims can be categorized into three distinct dimentions: (i) Direct Sufferer of Harm i.e. the individual, who has suffered the harm firsthand - In cases of abetment to suicide or homicide, deceased is the primary victim; (ii) While legal heirs (such as family members) may have..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - Mere fact that complaint under PWDV Act filed by daughter-in-law after filing of claim petition by senior citizen under 2007 Act, same would not change the colour, as marital dispute existed between parties which is to be seen and noticed and not date when same has..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Seized vehicles can be confiscated by Trial Court only on conclusion of trial when accused is convicted or acquitted or discharged - Further, even where Court is of the view that vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right..........
Consumer Protection Act, 1986, Section 23 -- Life insurance - Repudiation - Suppression of material fact - Deceased concealed material information regarding his chronic alcoholism and liver disease while subscribing to the policy - Hospitalization and subsequent death resulted from a self afflicted condition due to alcohol misuse which falls squarely within the policy's..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of minor/appellant No.2 in accident - Father of appellant No.2 was driving vehicle at material time and not appellant No.2/minor - Minor was merely a passenger seated beside driver and had no role in the accident - Neither substantive or direct evidence establishing involvement of minor in the accident in..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Domestic violence - Right of residence - Domestic violence is not the pre-requisite for right of residence u/s 17 of the Act - Right to claim residence is thus, maintainable even in absence of domestic violence ...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other insurance policies - Father of appellant had disclosed one other life insurance policy availed by him at the time of filing the proposal form, but failed to disclose other similar policies - Policy in question is not a Mediclaim policy, it is a life insurance cover and the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was an agricultural labourer - Taking notional income of deceased to be Rs.6,000 i.e. Rs.72,000 p.a, after deducting 1/3rd towards personal expenses, dependency comes to Rs.48,000 p.a. and after applying multiplier of 15 and adding 40% towards future prospects amount comes to Rs.9,87,000 -..........
